Under the changes, which were made in the most recent legislative session, in-state hospitals are exempt from West Virginia’s CON process, but out-of-state hospitals are not. Marietta Memorial claims the changes are unconstitutional, as hospitals must be treated the same regardless of their status as in-state or out-of-state under the U.S. Constitution’s dormant commerce clause.
Marietta Memorial’s lawsuit asks the judge to either make all hospitals undergo the CON process in West Virginia or give all hospitals an exemption, regardless of where the facility is based, according to the report.
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