Healthcare Licensure and Certification

In a complex industry, one thing is certain: healthcare is heavily regulated. Healthcare providers are required to comply with numerous, ever-changing licensure and certification requirements pertaining to the healthcare organization itself and its licensed staff. For example, state certificate of public need (COPN) laws require regulatory approval for new programs and services or for expansion of existing programs and services, and Medicare certification rules can affect how deals are structured or delay entire projects. Compliance is critical and often impacts day-to-day operations, development of new and existing facilities, and a range of corporate transactions.

The attorneys of Troutman Sanders advise our clients on a full spectrum of licensure and certification issues, including:

  • State licensing requirements related to the operation of numerous types of healthcare organizations;
  • Interactions with state licensing agencies on issues such as obtaining a new license and transferring an existing license as part of a sale or merger;
  • Appeals of citations that may result from survey inspections;
  • COPN requirements and dealings with state COPN agencies;
  • Compliance with clinical laboratory improvement amendments (CLIA); and
  • Healthcare professional licensure requirements, including scope-of-practice issues for nurse practitioners and physicians’ assistants, and representation of professionals before applicable regulatory boards.

  • Advising hospitals facing opposition to COPN approvals, ranging from whole hospital replacement facilities to expansion of critical programs.
  • Counseling an assisted living facility on its appeal of citations received in an annual licensure survey.
  • Advising clients on the licensure of new healthcare facilities as part of an acquisition, including addressing any outstanding deficiencies that required correction or waiver prior to the closing of the acquisition.
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