Why did the Supreme Court find that CONs were illegal? certificate of needs

Why did the Supreme Court find that CONs were illegal?
certificate of needs

Expert Solution

A certificate of need (CON), in the United States, is a legal document required in many states and some federal jurisdictions before proposed acquisitions, expansions, or creations of facilities are allowed. CONs are issued by a federal or state regulatory agency with authority over an area to affirm that the plan is required to fulfill the needs of a community.

Supreme Court found CON as illegal because these laws have not served consumers well.They raised the cost of investment in new health care services and can shield new players from competition that would benefit consumers and lower costs. By reexamining the CON process state policymakers have an opportunity to invigorate competition in this important sector, to the benefit of patients, employers and other health care consumers.

States without CON laws provide high-quality care to patients at no greater average costs than other states.As more patients use high deductible health insurance plans and by using their own money, they should have more choices and better access to health care.

The main disadvantages and reason for making illegal were::

By restricting new construction, CON programs may reduce price competition between facilities and keep prices high.
By sensitizing health care organizations to market pressures.
Not consistently administered.
Health facility development should be left to the economics of each institution rather than being subject to political influence.
lack of competition encourages construction and additional spending.
Granted on the basis of political influence, institutional prestige or other factors apart from the interests of the community.
Not for best interests of the community entail.

Expanded access, increased price competition and greater medical choice would serve the public interest by allowing new health care services to be provided in communities where they are needed most should be the main motto of health care services.

Rahul Sunny answered 2 years ago

summarize McCulloch v. Maryland (1819). Why was this an imporatant supreme court case and how did...

summarize McCulloch v. Maryland (1819). Why was this an imporatant supreme court case and how did it relate to federalism?

How did John Marshall strengthen the Supreme Court? (about 300 words)

How did the Supreme Court use judicial review to change American society?

how did the supreme court decision of the brown vs board of education mark the beginning...

how did the supreme court decision of the brown vs board of education mark the beginning of the end of the jim crow era in the south. cite evidnece.

1.How did the Supreme Court interpret the Commerce Clause and the Necessary and Proper Clause to...

1.How did the Supreme Court interpret the Commerce Clause and the Necessary and Proper Clause to construct Cooperative Federalism.

In Dred Scott v. Stanford, the United States Supreme Court held that slaves were not entitled...

In Dred Scott v. Stanford, the United States Supreme Court held that slaves were not entitled to file suit in federal courts because they were not citizens. Select one: True False

Why might the U.S. Supreme Court have said that LGBT marriage is a liberty that should...

Why might the U.S. Supreme Court have said that LGBT marriage is a liberty that should be protected by due process of law?

Do you agree with the argument of the appellate buyer or the argument of the state supreme court? Why?

A seller agreed to give a buyer the first right to purchase the remainder of her property if she chose to sell it. When the seller died, the buyer filed suit against the estate, seeking the option to purchase. The two parties entered into a settlement agreement that was disapproved by the probate court. After the probate court's disapproval, the parties continued to attempt to negotiate a sale. They then entered into a second settlement agreement that was never signed....

Analyse the Supreme Court’s rulings in the Gratz and Grutter cases. Why does the court allow...

Analyse the Supreme Court’s rulings in the Gratz and Grutter cases. Why does the court allow race to be used in one case anc not the other? how is the court using Scrutiny?

Should Supreme Court Justices practice judicial activism or judicial restraint? Explain and support why or why...

Should Supreme Court Justices practice judicial activism or judicial restraint? Explain and support why or why not.

Question