On January 21, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s Certificate of Need (CON) laws, ruling that the scheme does not illegally discriminate against out-of-state health care providers. See Colon Health Ctrs. v. Hazel, No. 14-2283
Medical Certificate of Public Need May Violate Dormant Commerce Clause
The Fourth Circuit ruled in Colon Health Centers of America v. Hazel that two out-of-state medical providers alleged a sufficient challenge to Virginia's "certificate of need" requirement to survive a motion to dismiss. The court remanded the case for fact-finding…
A Slap-Down to Liberterian Thinking in Health Care
On Sept. 14, the United States District Court for the Eastern District of Virginia delivered a slap-down to a case challenging Virginia's Certificate of Public Need (COPN) law, dismissing the case on all four of the constitutional theories raised in the…