Category Archives: Certificate of Need

Another Lawsuit Challening State Certificate of Need Laws – Virginia

On June 5, 2012, a lawsuit was filed in federal court in Virginia challenging the constitutionality of Virginia’s certificate of need (“CON”) law. This is the second recent lawsuit of its type challenging the constitutionality of state CON laws, and suggests an increased willingness of health care providers to challenge state CON laws following the relative success of the plaintiffs in the case of Yakima Valley Memorial Hospital v. Washington State Department of Health.

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Deadline to Submit CON Applications in Ohio is Rapidly Approaching

In 2009, House Bill 1 amended the Ohio Certificate of Need (“CON”) laws to permit inter-county relocations of long-term care beds under certain circumstances. Historically, Ohio CON laws prohibited relocating long-term care beds across county lines. Despite this amendment, the process to accomplish an inter-county relocation of beds remains heavily regulated, and in most cases must be commenced during brief windows of time set forth by the Ohio Department of Health. Continue reading