Judge Buries Suit Over Va. Medical Certificate Of Need Law

Law360, New York (October 24, 2014, 9:30 PM EDT) -- A Virginia federal judge on Thursday ruled that Virginia’s requirement that new medical service providers receive a certificate of public need before being allowed to do business in the state doesn’t discriminate against interstate commerce, granting summary judgment to state health officials.

Ruling on dueling summary judgment motions, U.S. District Judge Claude M. Hilton refused to find Virginia’s certificate of public need requirement unconstitutional, ruling that the out-of-state companies challenging the program hadn’t produced enough evidence to show it discriminated against interstate commerce.

“The mere fact that the COPN requirement discouraged plaintiffs from doing business in Virginia does not permit striking...

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