Historically in South Carolina, understanding the Certificate of Need (CON) standards and process has been the starting point for our healthcare clients’ short- and long-term strategic planning.
Because a CON is required for major capital projects such as new facility construction, existing facility expansion, and acquisition of expensive start-of-the-art medical equipment as well as expansion of service lines, the evaluation of current and anticipated CON standards is critical to our clients’ analyses of financial expenditures and operational development.
Our firm’s healthcare attorneys have significant experience with cradle-to-grave advice and counsel regarding the CON process, offering extensive, in-depth experience in three primary areas:
- Providing advice and counsel during the biennial development of the South Carolina Health Plan, which establishes and updates CON standards
- Assistance with the preparation and prosecution of clients’ CON applications through the application process
- Representing clients in litigation to defend challenges to DHEC decisions to approve our clients’ applications or appealing DHEC decisions to deny our clients’ applications and/or approve a competitor’s application.
Our attorneys have assisted all types of healthcare providers in seeking CON approval of a wide range of projects, including:
- Construction of new and replacement hospitals, nursing homes, continuing care retirement communities and ambulatory surgery centers
- Expansions of acute care hospitals, psychiatric and substance abuse facilities, narcotic treatment programs and ambulatory surgery centers
- Establishment of new home health agencies, including obtaining the first CON in South Carolina to operate a pediatric home health agency
- Acquisition of state-of-the-art cancer treatment and surgical equipment