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Certificate Of Need, Licensing and Change Of Ownership

Alaska’s health care providers planning to establish new facilities or expand existing services must, under certain circumstances, first obtain a Certificate of Need (CON) from the Department of Health and Social Services. This complicated administrative process is compounded by other laws and regulations governing health care facilities, operations and transactions.

Birch Horton Bittner & Cherot attorneys help clients obtain the appropriate facility licensing for their practices, including applying for a CON when necessary. We also help clients identify the appropriate legal requirements for their scope of services, working with them to develop, maintain and expand their practices in a manner that best suits their financial and structural needs. Additionally, our health care attorneys provide guidance to individual and institutional clients to help protect their provider licenses, including responding to complaints, notices of violations and compliance audits.

Birch Horton Bittner & Cherot attorneys assist clients with all aspects of CON applications, including navigating clients through the approval process and challenging applications from competitive entities when appropriate. In addition, we help clients:

  • Meet CON application timetables and requirements
  • Explore the possibility of applicable exemptions to the CON requirements
  • Work with state agencies to facilitate consideration of CON applications
  • Prepare a compelling case and assist in drafting effective applications
  • Obtain appropriate licenses
  • Identify and work with experts in accounting and medical fields
  • Review applications for regulatory compliance

In addition, we have experienced health care attorneys who are able to assist clients in any legal forum, having had extensive experience litigating CON determinations, challenges and appeals at the administrative level and in state court. Whether it is in the initial application process or litigation after issuance, we have the background and experience to serve our clients well.


Jennifer C. Alexander
David Karl Gross
Mara E. Michaletz