Practices:
Certificate of Need
One of the biggest challenges facing healthcare providers in today’s cost-sensitive market environment is securing certificates of need and certificates of exemption from state governing bodies that oversee and approve facility expansion. Whether you have management responsibility for a hospital, long-term care facility, surgery center or other provider operation, obtaining necessary approvals can be difficult and time-consuming.
Comprehensive Counsel
Whether your healthcare operation intends to build, add or modify its existing physical plant, or undertake a significant new capital expenditure, Ungaretti & Harris can help you at every step in the regulatory approval process. We have an extensive practice representing healthcare clients before state certification boards, and have particular experience in the proceedings of the Illinois Health Facilities Planning Board. You get comprehensive advice on compliance strategies for all significant certification threshold issues:
Dispute Resolution
Our lawyers will represent you before the state planning board and have an excellent record of obtaining favorable advisory opinions and rulings. We will undertake on your behalf administrative appeals and, if necessary, litigation to overturn an unfavorable certificate of need ruling. You will get the help you need even in highly specialized situations, such as emergency injunctions that can compel regulatory authorities to issue a certificate of need for an impending merger or joint venture. For Illinois clients we have argued planning and certification disputes before the Illinois Appellate Court, and have obtained decisions limiting the scope of Planning Board authority.
Proper Balance
Securing certificates of need and exemption is ultimately all about the balance between your competitive needs, market conditions and patient care requirements. Using in-depth knowledge of the healthcare industry and its regulatory structure, Ungaretti & Harris gives healthcare providers a strategic approach to certification, and if necessary, appeal, that helps them successfully navigate the complete regulatory process governing growth and expansion.
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