The Certificate of Need (“CON”) and Certificate of Public Need (“COPN”) Practice group includes attorneys and paralegal support with in-depth knowledge of the North Carolina/Virginia CON/COPN Laws and extensive experience with the complexities of the administrative and regulatory processes.

The Certificate of Need (“CON”) and Certificate of Public Need (“COPN”) Practice group includes attorneys and paralegal support with in-depth knowledge of the North Carolina/Virginia CON/COPN Laws and extensive experience with the complexities of the administrative and regulatory processes. We have litigated numerous contested CON cases in the North Carolina Office of Administrative Hearings and COPN cases in the Virginia Department of Health, both challenging and defending awards of CONs, exemptions and determinations of “no-review”, as well as North Carolina Superior Court and Virginia Circuit Court actions for injunctions and/or declaratory relief based on potential violations of the CON Law. Additionally, we are experienced handling CON matters in the appellate courts. We have also obtained numerous declaratory rulings in CON-related matters from the Department of Health and Human Services.

Helping You Navigate the Complexities of CON
Williams Mullen’s CON/COPN attorneys also maintain excellent working relationships with the CON Section of the North Carolina Department of Health and Human Services, the COPN Division of the Virginia Department of Health and professional CON/COPN consultants. We routinely advise clients prospectively on the implications of the CON/COPN Law. Our broader health care team provides daily guidance on a broad spectrum of other state and federal health care regulatory matters and has assisted clients in acquiring nursing facilities throughout the United States.

Working with Your Certificate of Need Consultants
Williams Mullen’s CON/COPN practice group works with your certificate of need consultant to develop the appropriate legal strategy. Our clients include nursing facilities, hospitals, multi- and single-specialty physician practices, and regional and national private service providers in connection with a wide variety of health care projects, including: 

  • Nursing Facilities 
  • Diagnostic Centers 
  • Construction projects, including medical office buildings 
  • Ambulatory Surgery Centers 
  • Magnetic Resonance Imaging (MRI) Scanners, mobile and fixed 
  • Hospice programs 
  • Air Ambulance services 
  • Hospitals

 

Representative Experience

North Carolina

  • Several successful defenses of Certificate of Need approvals for fixed MRI scanners for national diagnostic imaging service provider, large multi-specialty physician practice, radiology physician practice and other health care entities.
  • Successful appeal of agency denial of Certificate of Need application by joint venture entity for new diagnostic imaging center, resulting in issuance of CON.
  • Obtained numerous “no-review” determinations for national diagnostic imaging providers, confirming that no Certificate of Need was required to relocate MRI scanners.
  • Multiple successful defenses of “no-review” determinations for establishment of health service facility branch offices.
  • Several successful defenses of appeals of Certificate of Need exemptions, including those for replacement equipment, medical office buildings and other projects.
  • Petition for adjusted need determination on behalf of hospital resulting in need determination for new fixed MRI scanner out of normal cycle.
  • Successful defense of diagnostic imaging center from challenge by local hospital attempting to shut diagnostic center down unless Certificate of Need obtained.  

 

Virginia 

  • Successful representations in contested nursing facility, rehabilitation hospital, ambulatory surgery and other health care facility and equipment applications for COPNS.
  • Successful appeals of COPN approvals in opposition to unsuccessful candidates.
  • Successful challenge to VDOH failure to comply with regulatory requirements in issuing COPNs.
  • Current appeal of a COPN issued pursuant to special legislation challenging both constitutional and statutory administrative deficiencies in issuing the COPN.

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