Virginia is one of 36 states to employ a CON regulation, which means medical providers must obtain government approval and permission before providing new healthcare services.
An undisclosed number of physicians have joined with the Arlington, Va.-based branch of the Institute for Justice — a libertarian law firm — for the federal suit, which claims the state’s CON program is unconstitutional for two reasons.
First, they argued it violates the “equal protection of the laws” provision in the Constitution since it requires CONs for some medical services but not others, like nuclear cardiac imaging. Second, the lawsuit claims the CON rule interferes with interstate commerce.
One of the plaintiffs, radiologist Mark Monteferrante, MD, said it took five years and roughly $175,000 in fees to obtain a CON to add a second MRI to his practice, according to the report.
More Articles on Certificates of Need:
Pennsylvania Legislation Would Reinstate CON Requirements
Centegra Health System in Illinois Files Motion to Speed CON Appeal Process
New Hampshire House Votes to Repeal Certificate of Need Law
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