Physicians Appeal Virginia's CON Requirement to Higher Court

A group of physicians are appealing a September court decision that dismissed their challenge to Virginia's mandate for certificates of need, according to an American Medical News report.

The Institute of Justice, a libertarian civil rights law firm based in Arlington, Va., sued the state on behalf of the physicians. Virginia is one of 36 states to employ a CON regulation, meaning medical providers must obtain government approval before providing new healthcare services.  

In June, several physicians sued over the CON requirement, claiming it amounts to economic protectionism for favored in-state businesses and violates the commerce clause of the U.S. Constitution.

The state requested the suit be dismissed. The state said the CON program does not violate due process or equal protection guarantees, and the plaintiffs failed to prove the mandate discriminates against out-of-state health professionals or is anticompetitive, according to the report.

An attorney from the Institute of Justice said the physicians are not discouraged and are confident they will prevail in a higher court, according to the report. "This case is about vindicating the right to earn an honest living, not just for our clients, but for doctors and entrepreneurs nationwide," said Robert McNamara, JD.

More Articles on Certificates of Need:

Virginia Physicians Challenge State's CON Requirement
County Officials Approve Carteret General Hospital's $53M Construction Plan
Study: Dropping Cardiac CON Regulations Lowered Heart Surgery Costs 4%


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