Jay Singleton, MD, an ophthalmologist in New Bern, N.C., has asked the North Carolina Court of Appeals to reverse a trial court ruling that upheld the state’s certificate-of-need law, according to a July 13 Carolina Journal report.
Dr. Singleton, who owns Singleton Vision Center, argues the CON law prevents him from performing eye surgeries in his own operating room and forces his patients instead to New Bern-based CarolinaEast Health System, the only nearby provider with a CON for the service. He has challenged the law in court since 2020 with support from the Institute for Justice, arguing it violates his rights under the North Carolina Constitution.
In a July 10 appellate brief, Dr. Singleton’s attorneys laid out three reasons for reversing the December 2025 trial court decision: that the panel disregarded the state Supreme Court’s 2024 guidance on the case, that Dr. Singleton stated viable claims under the constitution’s fruits-of-labor and law-of-land clauses, and that he is entitled to summary judgment on claims that the CON law grants CarolinaEast an unconstitutional monopoly.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.
