Parker Poe attorneys have extensive experience representing clients in all stages of the Certificate of Need (CON) process in the Carolinas. We often become involved in the application, public hearing and public comment process of the CON review. Our attorneys have successfully handled CON appeals, including cases appealed through the court system. We understand that obtaining a CON often is vital to our clients' development plans.

Experience Highlights

Obtaining CON – We have represented clients that have obtained CONs for hospitals, hospital beds, ambulatory surgical facilities, nursing homes, the acquisition of medical equipment such as MRIs, rehabilitation beds, End-Stage Renal Dialysis (ESRD) facilities, diagnostic clinics, hospice agencies and home health agencies. Some of these beds and services have been the result of initial favorable agency decisions or successful settlement negotiations and others have been the result of appeals of initially adverse decisions.

Counseling – As our clients pursue development plans and opportunities, they often need advice and counsel regarding the impact of the CON laws on their short- and long-term plans. We play a key role in advising our clients on these matters and interacting with the CON agency when it is necessary to seek the agency's guidance and/or agreement with our clients' plans. We also have obtained declaratory rulings and other agency determinations that have allowed our clients to proceed with their development plans without the necessity for a CON.

Experience

• Successfully appealed and reversed an adverse decision on a CON application for a hospice home care agency
• Obtained a recommended decision from an administrative law judge reversing an initial agency decision denying a CON for a fixed MRI to our client and granting it to a competitor which lead to a settlement awarding our client the CON
• Obtained favorable decisions in contested CON cases before the South Carolina Department of Health and Environmental Control
• Successfully defended an initial agency decision awarding our client a fixed MRI
• Obtained a superior court decision, reversing the denial of a declaratory ruling request by the Division of Facility Services, which allowed our client to proceed with its development plans without a CON

News

• Renee Montgomery Receives Dr. Ellen B. Winston Award
  Parker Poe Attorney Recognized for Contributions to Home Care and Hospice Industry
  November 8, 2011
• Parker Poe Attorney Elected to Bar Executive Committee
  December 19, 2006
• The Certificate of Need Process: Gatekeeper to Developing New Health Services
  July 1, 2006
• Andrea Heffernan Brisbin Joins Parker Poe
  June 23, 2006

Events

• Keeping a Finger on the Pulse of Your Practice
  October 29, 2010
  South Carolina Medical Association (SCMA) Fall 2010 Workshop, Mt. Pleasant, SC