11.12.2008 Civil Suit Challenges Elements of North Carolina Certificate of Need Law
Editor Hewitt, Marcus C.

A pending civil suit by two health care providers challenges the North Carolina Certificate of Need (“CON”) process, alleging that several fundamental aspects of the CON process violate the U.S. and N.C. Constitutions. The suit challenges the gatekeeping function of the North Carolina State Medical Facilities Plan (“Plan”), which restricts the development of new health care facilities and services. As a result, the outcome of the suit could pave the way for further litigation and a rush of new development not presently allowed by law.

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