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The North Carolina court describes the CON law for exactly what it is and what we have said all along (see the link below).  Also states that a ‘factual record’ of the same has been established – as we have done.  The decision was to dismiss the lawsuit and put it into the purview of the legislature — EXACTLY WHAT WE ARE PURSUING IN SC.
Though we were disappointed by the committee leadership, the hospital association is in a very precarious position moving forward.  We need to continue our efforts as we are in a very good position.

The North Carolina Court of Appeals unanimously dismissed a surgeon’s challenge to the state’s certificate of need laws, The Carolina Journal reported June 21.

The judges determined that eye surgeon Jay Singleton, MD, had failed to make a case that the law violated his constitutional rights, the report said. In particular, they cited the fact that Dr. Singleton hadn’t actually filed for a certificate of need.

Despite the dismissal, Judge John Tyson’s majority opinion mentioned (continue reading the article)