From the N.C. Institute for Constitutional Law:

Raleigh, N.C. ? At the request of two plaintiffs and their legal counsel, the North Carolina Institute for Constitutional Law (NCICL) has officially entered a lawsuit challenging the constitutionality of North Carolina?s health care Certificate of Need laws.  NCICL joins Nelson, Mullins, Riley and Scarborough, LLP as co-counsel in the suit.  The suit attacks North Carolina?s requirement for medical providers to obtain state permission before being allowed to compete in certain health care markets.

North Carolina law states that certain health care services cannot be provided unless a state board makes a determination that the new service will be needed in a particular area of the state.  The board that reviews Certificate of Need requests is made up of health care professionals, some of whom are employed as officers or directors at hospitals or other health care providers that could provide the same services being requested.

Jason Kay, Senior Staff Attorney at NCICL, commented: ?We are glad to be involved in resolving such an important constitutional issue.  This issue not only affects the ability of health care providers to offer new services, but it affects the health care choices of North Carolinians.?

The plaintiffs in the suit, Hope ? A Women?s Cancer Center, P.A. and Raleigh Orthopaedic Clinic, P.A., contend that the Certificate of Need laws unconstitutionally delegate legislative authority to make laws and deny due process of law to those seeking to engage in otherwise lawful business.  Hope is located in Asheville and Raleigh Orthopaedic is located in Raleigh. 

The John Locke Foundation is no fan of the CON game, as evidenced here and here.