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Certificate of Need Better health

Barnes & Thornburg healthcare attorneys have been representing providers who wish to open new facilities before Certificate of Need (CON) boards for more than 25-years. Our attorneys have been CON counsel in many high-profile and hotly contested projects, including the only two new, non-replacement acute care general hospitals in the Chicago metropolitan area in the last 30 years and the only proton therapy facility built in Illinois.

We help prepare the CON application, meet with state agency staff for pre-filing and technical assistance conferences, and prepare clients for public hearings and board hearings. Clients have included health systems, acute care hospitals, long-term care hospitals, psychiatric hospitals, surgery centers, and dialysis centers, as well as national for-profit corporations involved with the sale and acquisition of healthcare facilities.

Many times, certificates of need are contested, either by a competitor or a state agency. Our attorneys are skilled at providing representation in contested case proceedings before state administrative law judges. We have appeared in more than 15 court cases involving the defense of a client's CON or challenge to a competitor's CON. We also represent clients on compliance actions involving CON projects, working with the state agency to settle disputes and avoid adversarial proceedings at the agency and court levels. 

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