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Certificate of Need Litigation

Headshot of Wyatt Beazley, Williams Mullen Partner
Jamie Baskerville Martin

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
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