Here are six key notes:
1. In Virginia, medical providers must prove that proposed construction, whether for a new facility or expansion, and major equipment purchases are necessary for the region.
2. Colon Health Centers of America and Progressive Radiology has challenged Virginia’s law. U.S. District Judge Claude M. Hilton ruled against them.
3. “While we cannot say whether Virginia’s program is ultimately wise, it most certainly is constitutional,” wrote Judge J. Harvie Wilkinson III.
4. Robert McNamara, a lawyer who defended the plaintiffs, said that there has been no decision made regarding filing an appeal with the Supreme Court.
5. The CON law has been facing challenges from the state government as well. Virginia legislators are introducing measures in the 2016 General Assembly session that aim to reform or dismantle the state’s certificate of need program, according to a recent report.
6. The law also has its supporters. The Virginia Hospital & Healthcare Association supports the current law saying it helps curb over-expansion of certain types of care delivery.
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