Two lawsuits challenging certificate- of- need laws argue that states could violate the Constitution by limiting competition among healthcare providers: Yakima Valley Memorial Hospital v. Washington State Department of Health–--Yakima Valley ( Wash.) Memorial is challenging a 2007 CON law on elective stent procedures and angioplasty. The 9th U.S. Circuit Court of Appeals in Seattle is considering the case for the second time in two years, now examining whether the law puts an excessive burden on interstate commerce relative to the local benefits it creates.
Colon Health Centers of America v.
Bill Hazel–---- Two physician practices are asking a District Court judge to declare Virginia’s CON program unconstitutional because they say it discriminates against interstate commerce and violates rights granted under the 14th Amendment. A ruling on the state’s motion to dismiss is pending.