The special legislation approved by the Iowa House is expected to be axed by the Senate because of a lack of support.
Dr. Birchansky has been seeking a certificate of need to own and operate a surgery center since 1996. He has had CON applications denied four times between 1996 and 2008. He challenged the denials, and even saw one of his cases proceed to the state Supreme Court, but he lost that challenge as well.
Iowa House Republican lawmakers recently added the amendment that would solely provide Dr. Birchansky an exception to the CON process and allow him to perform ophthalmology procedures in surgical suites adjacent to his ophthalmology practice, Fox Eye Laser and Cosmetic Institute.
The Iowa Hospital Association recently called for the amendment to be “sacked.”
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