Georgia Supreme Court rules against ASC owners; upholds state's CON rule: 4 key points

The Georgia Supreme Court ruled against Cartersville, Ga.-based The Georgia Advanced Surgery Center for Women owners and opted to uphold the state's certificate-of-need legislation, according to Atlanta Business Chronicle.

Here are four key points:

1. Hugo Ribot Jr., MD, and Malcolm Barfield, DO, co-owners of The Georgia Advanced Surgery Center for Women, filed a suit against the Georgia Department of Community Health after officials denied their CON application to add a second OR to the ASC.

2. The pair claimed the CON rule was unconstitutional and violated the Georgia Constitution's anti-monopoly provision.

3. The state Supreme Court ruled against the ASC owners in a unanimous ruling. In the court's opinion, Justice Harold Melton stated, "By its plain terms, [the CON law] does not authorize monopolistic 'contracts' relating to providers of new institutional health services. It only requires that all such providers obtain a certificate of need before adding new services."

4. The Oct. 16 decision upheld a lower court ruling.

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