Reed Smith has extensive experience in health planning and licensure issues, including the application of state certificate of need (“CON”) laws; Section 1122 of the Social Security Act, which previously served as part of the CON process in many states; state health care facility licensure laws; and physician and other professional licensure laws. Reed Smith attorneys routinely provide advice to health care clients of all types concerning whether the proposed establishment, modification, replacement or expansion of a health care service or facility is subject to CON or licensure approval by a state. We also provide substantial client counseling in CON and licensure matters relating to business transactions, principally acquisitions and divestitures, corporate reorganizations, joint ventures and financing agreements. The firm has represented health care clients in administrative and judicial proceedings in numerous states that involve various aspects of CON and licensure processes, including initial applications, request for site changes and comparative hearings.
We closely follow state insurance law developments pertaining to the health care industry, often advising providers, managed care companies and health insurers on the application of insurance law principles to their activities. We have assisted a client in obtaining state HMO licensure and complying with HMO licensure requirements.