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Certificate of Needs Laws: Hospitals Fighting Against Health Care (Guest: Joshua House)

September 18, 2018

The Institute for Justice’s Joshua House explains how Certificate of Need laws are used by hospitals to drive out competition in the health care market.

Iowa ophthalmologist Dr. Lee Birchansky has been trying to offer his services as a specialized cataract surgeon for years. However, each time he applies for a Certificate of Need (CON) in his state he is denied the right to practice his innovative cataract treatment because the local hospital opposes his application saying the "need" for his surgery technique has already been met -- by them. Attorney Joshua House, one of the lawyers working Birchansky's case on behalf of The Institute for Justice, says CON laws are nothing more than "certificates of monopoly" allowing already existing medical facilities the right to throw up barriers of entry into the medical marketplace. The Institute for Justice argues CON laws are unconstitutional. In this podcast, Joshua House explains why.

Sarah Lee is a policy advisor for health care and a host of Heartland's Health Care News podcast.