Conor Duffy, Ben Jensen and Michael Lisitano Co-Author Law360 Article on Certificate-of-Need Appeals

Health Law Group lawyers Conor Duffy and Michael Lisitano and Business Litigation Group lawyer Ben Jensen co-authored the article “Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals” published in Law360 on August 22, 2023. Referencing a July 25, 2023 opinion issued by the Connecticut Supreme Court in High Watch Recovery Center Inc. v. Department of Public Health, the “Expert Analysis” article emphasizes the importance of “[u]nderstanding the distinction between mandatory and discretionary public hearings…for parties to CON proceedings to avoid foreclosing potential appellate rights.” The authors indicate that the ruling is “significant in that it rejects a rigid application of the statutes governing CON procedures and instead focuses on the substance of the public hearing at issue in assessing whether a matter qualifies as a contested case.” Conor, Ben and Michael provide background on the case, examine the decision and offer some key takeaways. This is the second “Expert Analysis” article on the topic of certificate-of-need (CON) that Conor and Michael have recently had published. They also co-authored “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” with Health Law Group lawyer Erin Howard in July. Read the article.

Conor Duffy, Michael Lisitano and Erin Howard Co-Author Law360 Expert Analysis Article on Changes to Connecticut Certificate of Need Laws

Health Law Group lawyers Conor O. Duffy, Michael G. Lisitano and Erin C. Howard co-authored the “Expert Analysis” article, “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” published in Law360 on July 6, 2023. The article summarizes legislation signed by Connecticut Governor Ned Lamont on June 27, 2023, Public Act 23-171, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act, a result of collaboration between the Governor, Legislature, Connecticut Hospital Association and other stakeholders, reflects state efforts to streamline the potentially lengthy Certificate-of- Need (CON) process, and impose more exacting deadlines on the Office of Health Strategy (OHS) in certain circumstances, while also expanding OHS’s ability to investigate and penalize noncompliance with CON laws and CON agreed settlements, and to address complicated health care issues raised in CONs. 

Among numerous updates, the Act implements changes to public notice requirements, imposes new process deadlines on OHS, newly allows OHS to utilize expert consultations when considering certain applications, expands OHS authority to investigate and imposes penalties for non-compliance with CON requirements, and clarifies certain longstanding CON applicability requirements. Read the article.

Transactional Health Law Team Represents Visiting Nurse Association and BlackTree/Simione in Recent Deals

Robinson+Cole’s Transactional Health Law Group, led by co-chair Leslie J. Levinson, represented Visiting Nurse Association (VNA), a 125-year-old nonprofit in Omaha, NE and Council Bluffs, IA in the purchase of its home health and hospice operations by Amedisys, a leading national provider of home health, hospice, and personal care. Les served as prime counsel and led the team of Michael J. Kearney, Ryan V. Leichsenring, Virginia E. McGarrity, Kathryn M. Rattigan, Conor O. Duffy, Samuel C. Maduabueke and R+C alum Adam Tamzoke. The transaction is expected to close on or around July 1, 2021. Read more in the VNA press release.

In addition, the Transactional Health Law Group represented Connecticut-based Simione Healthcare Consultants and Pennsylvania-based BlackTree Healthcare Consulting in the execution of “a strategic and equal combination” to form SimiTree Healthcare Consulting. SimiTree will help post-acute healthcare organizations achieve clinical and financial excellence through consulting, outsourcing, and talent solutions. The merger is backed by Chicago-based health care PE firm Sheridan Capital, which focuses on lower-middle market buyouts and growth equity in the U.S. and Canada. Les led the team of Adam Anderson, Shant H. Chalian, Michael Kearney, Eric M. Kogan, Virginia McGarrity, Endicott Peabody IV, Kathryn Rattigan, Frank W. Eucalitto, and Michael G. Lisitano. Read more in Home Health Care News.

Transactional Health Law Team Represents ViaQuest in Significant Investment Agreement

Robinson+Cole’s Transactional Health Law Group, led by co-chair Leslie J. Levinson, represented ViaQuest Holdings, Ltd. (ViaQuest) as legal counsel in connection with investment in the healthcare services provider by Council Capital, a healthcare-focused private equity firm based in Nashville, Tennessee. The R+C team also included Adam Anderson, Christine Bromberg, Ian Clarke-Fisher, Frank Eucalitto, Michael Kearney, Eric Kogan, Michael Lisitano, Virginia McGarrity, Kit Peabody, Kathryn Rattigan and Emilee Mooney Scott. ViaQuest, headquartered in Dublin,Ohio, is a leading provider of quality, highly-individualized and specialized cost-effective care, solutions and services focused on individuals with development disabilities; hospice care; and behavioral and mental health. All are seen as growing areas of the healthcare market. ViaQuest operates in Indiana, Ohio and Pennsylvania. Read the Press Release HERE.

Eric Keen, General Partner at Council Capital, was enthusiastic about the alignment of the two companies, seeing a good fit with Council Capital’s mandate of investing “on the right side of change” – where growth accelerates as cost pressure and quality demands increase. The private equity firm leverages its Council Model, which draws upon the experience and resources of its CEO Council, Strategic Healthcare Investors, and Value Creation Team, to attract and support leading management teams and portfolio companies. Keen noted that ViaQuest is “highly regarded and well-positioned within its service specialties.”

ViaQuest founder and CEO, Rich Johnson, will remain a significant investor and continue to lead the management team. Johnson said Council Capital’s “experience in our markets and the expertise and support provided through their CEO Council…and network of portfolio companies” were significant attractions that will support ViaQuest’s mission of offering “health, happiness and hope” as it continues to grow. The terms of the transaction were not disclosed. This is the first platform investment from Council Capital IV, a $200 million fund that closed in November 2020.

Robinson+Cole Welcomes Fall Class

Robinson+Cole welcomes back the following members from our summer class and internship programs: Christopher Y. Eddy (University of North Carolina School of Law), Michael G. Lisitano (Quinnipiac University School of Law), Ryan M. Messina (Widener University School of Law), Samuel C. Maduabueke (University of Connecticut School of Law), Annecca H. Smith (Washington University in St. Louis School of Law), and Kayla N. West (Wake Forest University School of Law), and congratulates them on their recent graduation.