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...

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