Successful Challenge to Immediate Jeopardy Deficiencies for Nursing Home Client

Jane Bello Burke and a team of Hodgson Russ attorneys obtained an important victory for a major New York health care system, after PHHPC (the Public Health and Health Planning Council) proposed to disapprove a CON (certificate of need) application to operate an ambulatory surgery center. Following an evidentiary hearing, the administrative law judge issued a strongly worded opinion rejecting a competing health care system’s opposition, which he concluded was driven by self-interest, was exaggerated, and did not form a sound basis for decision. As a result of the successful challenge, the ambulatory surgery center is up and running, providing needed services to the community.