This rejection is the latest in a more than three-year battle to offer this service. In 2009, the hospital sued the state “over constitutional issues relating to the certificate of need,” according to the report. Meanwhile, the state denied the hospital a CON for elective angioplasty. Since then, the hospital has been appealing courts to allow it to offer the service.
The hospital argues the certificate of need requirements violate interstate commerce rules by restricting the hospital’s ability to solicit out-of-state patients, according to the report. In addition, the hospital claims the 300-case minimum requirement is too high.
The hospital plans to appeal the latest ruling to the U.S. Ninth Circuit Court of Appeals, according to the report.
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