At Scholle Law we keep apprised of all new developments in Georgia law and our highest court’s cases and decisions. Because we are metro Atlanta injury lawyers, we pay particular attention to those cases that might impact access to healthcare services after an injury or accident. From time to time, we like to bring our readers information about the decisions of our courts.
The Georgia Supreme Court has recently issued its opinion in a case involving a Georgia health facilities law. Some have said this law limits free markets, but others see it as an important regulation of health care facilities planning. In the case, the Georgia Supreme Court upheld the law which was challenged by a Cartersville, Georgia surgical center that sought to add an operating room. The surgical center intended to add the operating room to expand their contracts with physicians who might use the center in conjunction with their own medical practices.
Official Code of Georgia section 31-6-40 (a) (7) (C) provides that new health services facilities (those less than one year old) must apply for, and obtain, a Certificate of Need (CON) before moving forward with expansion of their facilities. The facility that brought the lawsuit did not believe it was governed by this law and also sought to have it declared unconstitutional. They argued that the law violates the constitution violating two basic areas of Georgia’s Constitution. First, a clause of the Georgia Constitution that prohibits what are called “Anti-Competitive Contracts;” and second, the due process clause of United States Constitution. The Georgia Supreme Court upheld the Certificate of Need provision and declared that it is constitutional.