Certificate of Need

Hancock Daniel’s Certificate of Need (CON) Team helps providers develop their strategic position and grow their service lines by analyzing the market need, drafting CON applications, coordinating legal argument and strategy, arguing before administrative agencies/courts, monitoring CON activity across the state, and guiding the complete process.

Certificate of Need Services:

  • Establish, Relocate, and Reconfigure General Acute Care Hospitals
  • Establish Long-Term Acute Care Hospitals
  • Introduce Specialty Care Nursery Services into a General Hospital
  • Establish Psychiatric Units in General Hospitals
  • Establish Outpatient Surgical Hospitals (ASCs) or Expand Surgical Services in Existing Medical Care Facilities
  • Introduce or Expand Diagnostic Services including CT, MRI, PET, and Cardiac Catheterization
  • Introduce or Expand Radiation Therapy Services including Stereotactic Radiosurgery
  • Relocate Nursing Facilities and Assist in CON Implications of Changes of Ownership
  • Establish Open Heart Surgical Services

The CON team is frequently engaged to provide advice on issues of CON applicability and to address issues regarding compliance with conditions such as charity care conditions which are frequently placed upon CONs. We frequently represent providers in navigating challenges to and responses to letters of intent, represent providers seeking good cause party status and defend against petitions seeking good cause party status to intervene in COPN proceedings. Hancock Daniel’s CON attorneys appear at public hearings and informal fact finding conferences before the Virginia Department of Health on a routine basis. Hancock Daniel also maintains an extensive library of CON decisions and other applicable precedent not otherwise readily available.


Emily W.G. Towey
Emily W.G. Towey
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