Two doctors are calling the system unconstitutional and a hamper to competition.
Last month, a judge in Fulton County rejected a state motion to dismiss a lawsuit aiming to overturn part of Georgia’s healthcare regulatory process. The suit, brought by two Cartersville physicians in June, argues that Georgia’s certificate of need system is unconstitutional and hampers competition in the industry.
CON regulates the creation and expansion of medical facilities, and the two physicians—Hugo Ribot and Malcolm Barfield, represented by the Goldwater Institute—filed the lawsuit after they weren’t allowed to let other physicians perform surgery at the medical center they own.
Opponents of the lawsuit say the physicians’ arguments should be brought before the Georgia General Assembly, but bills proposing reform to CON have so far been unsuccessful in the Legislature.
For now, the lawsuit is still active, but the Fulton County judge also allowed the state attorney general’s office to appeal his decision immediately with an appellate court.