Uncategorized

NC Court of Appeals – State Certificate of Need law important for health care access

Last week the NC Court of Appeals, in a little-noticed case, upheld an important principle of our health care law here in North Carolina. The state’s “certificate of need” law is in large part meant to ensure that health facilities – like hospitals and surgery centers – aren’t only located in the wealthy and populous areas of the state like the Triangle. After all, when left to the pure free market, why would anyone want to put health facilities in poor rural parts of the state since, after all, you just can’t make as much money there? That’s not how we run things in NC and some health providers didn’t like this and challenged the ability of the state to help people have access to health care facilities. The NC Court of Appeals disagreed saying:

The General Assembly’s desire to ensure that citizens have affordable access to necessary health care is a legitimate goal, and it is a reasonable belief that this goal would be achieved by allowing approval of new institutional health services only when a need for such services had been determined.

It’s a small but critical part of health reform. That’s why we here at the NC Justice Center filed a brief with the court in the case supporting just this result. It will also be interesting to see as health reform is implemented and more and more North Carolinians in the most rural areas of our state are covered by affordable health insurance whether this changes the economic incentives for organizations building hospitals and other health care facilities. Stay tuned.

 

 

One Comment


  1. […] This post was mentioned on Twitter by north_carolinaBNN. north_carolinaBNN said: The Progressive Pulse: NC Court of Appeals – State Certificate of Need law important for health care access: Last … http://bit.ly/atp1av […]

Check Also

Senator Richard Burr: Makes up his own facts about NC Medicaid in order to criticize it

North Carolina’s Senator Burr used to be a ...

Top Stories from NCPW

  • News
  • Commentary

State Board of Elections & Ethics Enforcement refuses to disclose any details of probe into alle [...]

Senate favors form of merit selection for judges as alternative to House judicial redistricting bill [...]

North Carolinians hoping to find out who’s been funding Rep. Justin Burr’s crusade this legislative [...]

The SePro Corporation is receiving as much as $1.3 million in taxpayer money to chemically kill the [...]

Lawmakers to return to Raleigh yet again; agenda may include dangerous “de-reg” proposal The North C [...]

The three federal judges could have just come right out and said it: The Republicans who rule the N. [...]

3---number of states that adopted new state Earned Income Tax Credits in 2017---Montana, Hawaii, and [...]

The post Total Eclipse (of Democracy) appeared first on NC Policy Watch. [...]

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more