Jump to Content

Judge Recommends Approval for Certificate of Need for Major Health Care System

A Hodgson Russ team led by Jane Bello Burke and Michelle Merola, and including Ellen Weissman, Bonnie Redder, and Logan Geen, obtained an important victory for a major health care system with significant help from attorneys Ellen Weissman, Bonnie Redder, and Logan Geen.

An ambulatory surgery center affiliated with the health care system represented by Hodgson Russ requested a hearing after the New York State Department of Health Public Health and Health Planning Council (PHHPC) proposed to disapprove the affiliate’s certificate of need (CON) application to operate and construct an ambulatory surgery center (ASC). A competing health care system vigorously opposed the application, arguing that there was no “public need” for the ASC—one of the statutory prerequisites for the issuance of a CON.

Following a six-day hearing, the administrative law judge overseeing the hearing issued a strongly worded opinion recommending approval of the ASC. Upon a comprehensive review, he concluded that the opposition’s evidence was “driven by a competitor’s self-interest, is exaggerated, and does not form a sound basis for decision.”