Georgia Supreme Court upholds Certificate of Need law for healthcare facilities

October 25, 2017

The Georgia Supreme Court has dismissed a challenge to the state’s Certificate of Need law, rejecting a surgery center’s arguments that having to obtain Department of Community Health permission before launching an expansion project violated its constitutional right to due process, according to an article on the Daily Reporter website.

The court held that the law serves a legitimate state interest in ensuring that health care services are distributed reasonably and economically.

The case drew national attention, with lawyers for the conservative Goldwater Institute in Colorado helping file the suit and the Pacific Legal Foundation in California and others filing amicus briefs supporting the Women’s Surgical Center.

Monday’s ruling by Justice Harold Melton did, however, agree that the surgical center had standing to bring its constitutional claims in court. 

Read the article.


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