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.
More articles on health law:
Stark Law: The 27-year-old act killing healthcare reform before it can begin?
How the courts define this word will significantly impact future false claims litigation
12 latest healthcare industry lawsuits, settlements
Becker’s 3rd Annual Fall Chief Pharmacy Officer Summit is the top tier event that the people leading the future of pharmacy convene. This 3-day event is built specifically for Chief Pharmacy Officers and senior pharmacy leaders. The sessions examine the workforce, financial and clinical priorities shaping pharmacy today. Becker’s is where candid discussions flourish and new ideas thrive. Becker's 3rd Annual Fall Chief Pharmacy Officer Summit
