Deep Dive Episode 97 – Certificate of Need Laws and Healthcare Access

38 states have certificate of need (CON) laws which make it illegal for healthcare providers to offer healthcare services to patients without first getting government permission. Defenders of CON laws assert that they are needed to control healthcare costs. However, these anti-competitive laws may violate a host of constitutional provisions, including state anti-monopoly clauses. Many courts have observed that CON laws are in fact anti-competitive but despite legal challenges, a majority of states have CON laws on the books today.

This episode will discuss recent and current state CON law litigation, including the pending Singh v. North Carolina Dept of Health & Human Services matter.

Christina Sandefur

Executive Vice President

Goldwater Institute

Josh Windham


Institute for Justice

FDA & Health

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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