Murtha Means More

Federal Appeals Court Holds Certificate of Need Laws May Be Unconstitutional

September 20, 2011

A Ninth Circuit Court of Appeals decision issued August 22, 2011, held that a state’s certificate of need (CON) law may violate the Commerce Clause of the United States Constitution.  In Yakima Valley Memorial Hospital v. Washington Department of Health, 9th Cir., No. 10-35497, the Ninth Circuit ruled that state CON regulations will be struck down as unconstitutional if they impose more than an “incidental” burden on interstate commerce.

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