Certificate of Need Experience

Walter S. Wheeler, III is the former Director of the Michigan Bureau of Health Systems and was responsible for the administration of the Michigan Certificate of Need (CON) Program from January 1988 to April 1996 and from September 2003 to October 2005. His responsibilities included oversight of CON review activities, the development of CON administrative rules and legislation, liaison to the CON Commission and liaison to the Department of Attorney General in legal appeals involving CON?s.

As of August 2012, Wheeler Associates has developed over 39 nursing home projects, 3 complete hospital replacement projects, and CON?s involving the initiation, expansion, replacement, and relocation of facilities requiring a CON. These facilities and services include:

  • Acute Care Hospitals,
  • Long Term Care hospitals
  • Nursing Homes
  • Inpatient and Outpatient Surgical Services
  • Air Ambulance (Helicopter) services
  • Bone Marrow Transplants
  • Cardiac Catheterization
  • Computed Tomography (CT) Scanners
  • Heart, Lung, Liver Transplants
  • Magnetic Resonance Imaging (MRI)
  • Megavoltage Radiation Therapy (MRT)
  • Neonatal Intensive Care Unit (NICU)
  • Open Heart Surgery
  • Positron Emission Tomography (PET) Scanners
  • Psychiatric Beds: Acute Inpatient
  • Urinary Lithotripters

Wheeler Associates PLC has also been extensively involved in CON amendments and extensions and has successfully represented clients before the CON Commission and in legal appeals involving CON issues.


Services Included in CON Project Development:

  • Certificate of Need application management, preparation and filing
  • Serving as Project Agent for the CON application and providing consultation regarding the CON strategy and timetable.
  • Obtaining the appropriate application forms; completing forms of general applicability; answering questions regarding the forms; reviewing responses to questions on forms; printing, assembling and delivering forms within required timeframes; assuring that responses are acceptable to the state; and assisting with state requests for additional information.
  • Providing consultation regarding Michigan regulatory requirements for the project including:
    • The CON law, administrative rules, review standards and forms;
    • The CON application and review process applicable to the Project;
    • Potential changes to CON standards that may impact the application;
    • License and certification compliance issues directly related to the CON application.
  • Providing consultation regarding strategies to reduce the cost of complying with CON requirements.
  • Monitoring CON applications by other applicants which may impact the project.
  • Monitoring the CON Commission and proposed revisions to standards that may impact the project.
  • Arranging and attending meetings and project presentations with state agency staff as necessary to support the CON application.