Firm Secures Reversal of Another Certificate of Need Grant by the Department of Community Health

Today, Robbins Firm attorneys Josh Belinfante and Dan Monahan secured the reversal of a Certificate of Need decision issued by the Department of Community Health.  Hearing Officer Ebb Oakley at the Department of Community Health reversed the Department’s initial decision to grant a certificate of need to Atlanta Sports Medicine Center to build a freestanding single-specialty orthopedic ambulatory surgery center in Alpharetta pursuant to an “atypical barrier exception” in the Department’s regulations.  In his decision, Hearing Officer Oakley determined, among other things, that the application failed to establish there were any atypical barriers to the services proposed by the new ambulatory surgery center, the new facility would not have a positive relationship to the healthcare delivery system, and there are existing alternatives that could provide the same services as those proposed by Atlanta Sports Medicine Center.

 For more information, please contact Josh Belinfante or Dan Monahan.