Certificate of Need
NCICL Joins Lawsuit to Protect the Constitutional Rights of Physicians
Case Status
| Current Status: | Open |
|---|---|
| Date Filed: | Mar 4th, 2001 |
| Last Action: | Jun 8th, 2010 |
| Court Filed In: |
Case Summary
Robert F. Orr, Executive Director and Senior Counsel, and Jason Kay, Senior Staff Attorney, have filed suit with the attorneys of Nelson, Mullins, Riley and Scarborough on behalf of two medical providers, Hope – A Women’s Cancer Center in Asheville and Raleigh Orthopaedic Clinic in Raleigh. The suit challenges the practically unlimited discretion the State Health Coordinating Council (SHCC) has in deciding who gets to offer new health care services. The SHCC produces State Medical Facilities Plan, which determines whether and where many new medical services will be offered. No substantial, objective guidance is provided to the Council in developing the Plan. More importantly, because of a series of interrelated laws, the decisions of the Council are not reviewable in any court or administrative tribunal.
As alleged by the Plaintiffs, the CON laws combine to create a system that permits a potentially self-interested body of individuals to prevent medical providers from competing with incumbent providers. In making decisions regarding what medical services will be “needed” in the coming year, members of the Council do not have to disclose -- or avoid making -- any decisions that are or may be based even in part on the profits of their employers. Since the need determinations in the Plan are not subject to challenge in court, the medical providers are stuck with the decisions of their potential competitors and are left without a forum to challenge those decisions.
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Notice of Appeal and Petition for Discretionary Review | 06/08/2010 | N.C. Supreme Court | PDF 681KB |
| Opinion | 05/04/2010 | PDF 87KB | |
| Plaintiffs - Appellants' Reply Brief | 01/13/2010 | Wake County Superior | PDF 1.0MB |
| Constitutional Challenge to Certificate of Need Law | 03/04/2009 | PDF 86KB | |
| Reply Brief in Support of Motion for Judgment | 02/20/2009 | Wake County Superior | PDF 1.3MB |
| Brief Opposing Motion to Dismiss | 02/13/2009 | Wake County Superior | PDF 142KB |
| Initial Brief on Motion for Judgment | 01/23/2009 | Wake County Superior | PDF 139KB |
| First Amended Complaint | 12/31/2008 | Wake County Superior | PDF 904KB |
| *Due to size restrictions, in some cases these documents are not the original documents filed with the court. Copies of the official documents are available from the Clerk of Superior Court for Wake County. | 03/04/2001 |