Certificates of Need & CON Hearings

Using a multi-disciplinary approach that draws upon the firm's proven experience in resolving litigation, regulatory and transactional matters, our attorneys routinely assist healthcare industry clients in successfully navigating the full range of complex issues associated with the Certificate of Need (CON) program in Tennessee.

Areas of Focus

We represent clients in a variety of matters including:

• Guidance regarding the need for a CON in connection with a proposed project.
• Preparation of CON applications and related support materials.
• Representation during the CON application review process and CON application opposition process before the CON agency.
• Post-hearing representation, including administrative appeals and judicial reviews.
• CON revocation matters.
• Additional healthcare licensure matters, including representation before the CON and licensure agency.
• Analysis of CON implications of transactions.

What Sets Us Apart

• Wide Range of Client Industries: Our clients include ambulatory surgery centers, nonprofit hospitals, for-profit hospital systems, home health and hospice organizations, imaging centers, long-term care providers, outpatient diagnostic centers, physician practice groups, rehabilitation centers and others.
• Over $1 Billion of Approvals: In recent years, we have assisted clients in obtaining CONs and other regulatory approvals for a series of projects valued at over $1 billion.
• Projects Serving Specialized Client Needs: Our recent CON projects have facilitated specialized services in a variety of areas, including ambulatory surgery centers; home health infusion; hospitals; methadone treatment facilities; radiation therapy services, including linear accelerator facilities; along with many others.

Experience

• Successful Representation of Southeast Tennessee Hospice Providers in Opposition to Hospice CON
  Bass, Berry & Sims served as lead counsel to Hospice of Chattanooga Holdings LLC and Hearth Hospice, part of Care...
• Successful Representation of West Tennessee Healthcare in Opposition to ASTC CON
  Bass, Berry & Sims served as lead counsel to West Tennessee Healthcare in a successful Certificate of Need (CON) opposition...
• CON Approved for Lifepoint’s Sumner Physician Practices
  Bass, Berry & Sims served as lead counsel to Lifepoint’s Sumner Physician Practices (SPP) in obtaining a Certificate of Need...
• CON Modifications Approved for Optum Infusion Services 305
  Bass, Berry & Sims served as lead counsel to Optum Infusion Services 305 (Optum) in obtaining two Certificate of Need...
• Successful Representation of MidSouth Imaging in Opposition to ASTC CON
  Bass, Berry & Sims served as lead counsel to MidSouth Imaging & Therapeutics, Inc. in a successful Certificate of Need...
• CON Modification Approved for Lifepoint’s Sumner Physician Practices
  Bass, Berry & Sims served as lead counsel to Lifepoint’s Summer Physician Practices (SPP) in modifying its existing Certificate of...
• $20.6 Million LINAC Approved for Tennessee Oncology
  Bass, Berry & Sims served as lead counsel to Tennessee Oncology’s Lebanon Radiation Oncology Center in obtaining a Certificate of...
• $23 Million LINAC Approved for Tennessee Oncology
  Bass, Berry & Sims served as lead counsel to Tennessee Oncology in obtaining a Certificate of Need (CON) to initiate...
• Two Home Health CONs Approved for Addus’s Tennessee Quality Care
  Bass, Berry & Sims served as lead counsel to Tennessee Quality Care – Home Health (TQC), part of Addus HomeCare’s...
• CON Approved for Campbell Clinic in Cookeville, Tennessee
  Bass, Berry & Sims served as lead counsel to The Campbell Clinic in obtaining a Certificate of Need (CON) to...

Professionals