Iowa physician suing state over CON law to appear before state council for 5th time: 4 key points

Ophthalmologist Lee Birchansky, MD, will appear before Iowa's State Health Facilities Council regarding his proposal for an ASC in Cedar Rapids, Iowa.

Here are four key points:

1. This is the fifth time Dr. Birchansky is appearing before the council for his certificate-of-need application.

2. Dr. Birchansky, his patient Michael Jensen and Orange City, Iowa-based Korver Ear Nose and Throat are among those who filed a lawsuit against the Iowa Department of Public Health regarding the state's CON legislation.

3. The state has denied Dr. Birchandksy's application four times and two hospitals in the region have starkly opposed his efforts.

In a statement, Dr. Birchansky said, "It is ridiculous that I have an outpatient surgery center that is already built, already equipped and all ready to go, but I have been denied a CON four times because established hospitals do not want competition."

4. Dr. Birchansky and his legal counsel will appear before the council on July 19. The hearing is set to last nearly 90 minutes.

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