Va. Out-Of-State Provider Law Needs 2nd Look, 4th Circ. Says
Law360, New York (October 23, 2013, 4:06 PM EDT) -- The Fourth Circuit on Wednesday resurrected a constitutional challenge to Virginia’s certification requirements for out-of-state health care providers looking to set up shop in the state, saying the allegedly anti-competitive law needs closer examination.
A three-judge panel found that a federal judge had prematurely tossed claims that a law forcing certain medical providers to obtain certificates of need from state regulators before expending capital amounted to state protectionism outlawed by the U.S. Constitution’s commerce clause.
A colon cancer screening center and a radiology firm alleged that the law, which requires out-of-state providers to convince the Virginia health commissioner of the need...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!