Freedom Flix

Is your state pulling a medical CON job?

 

 

 

Ordinarily, if you want to start a new business or offer a new service there is a simple test to find out whether your new business is needed:  You open the doors and tell the world.  If people need your business, you will have customers.  If they don’t, you won’t.  That experience—of learning what people need and how new types of services can fit in—is familiar to anyone who has ever been an entrepreneur.  Indeed, it is familiar to anyone who has ever been a customer.

It is also an experience that the state of Virginia turns entirely on its head for people who want to offer new healthcare services.  If you want to offer new healthcare services, even something as routine as opening a private clinic, you have to obtain special permission from the state government.  And permission is not easy to come by:  Would-be service providers have to persuade state officials that their new service is “necessary”—and they have to do so in a process that verges on full-blown litigation in which existing businesses (their would-be competitors) are allowed to oppose them.  Not surprisingly, this process can be incredibly expensive, and it frequently results in new services being forbidden to operate at all.

To be clear, this requirement (called a certificate-of-need or CON program) has nothing to do with public health or safety.  Separate state and federal laws govern who is allowed to practice medicine and what kind of medical procedures are or are not permitted.  Virginia’s CON program only regulates whether someone is allowed to open a new office or purchase new equipment; it is explicitly designed to make sure new services are not allowed to take customers away from established healthcare services.

In short, Virginia’s CON program is nothing but a government permission slip to compete.  It ensures that more money flows into the pockets of established, politically connected businesses, and it accomplishes this by trampling entrepreneurs’ economic liberty and reducing Virginians’ choices for medical care.

But patients and doctors—not state officials—are in the best position to decide what healthcare services are needed.  That is why Colon Health Centers of America, headed by Dr. Mark Baumel, MD, and Washington Imaging Associates Maryland, LLC, headed by Dr. Mark Monteferrante, MD, have joined forces with the Institute for Justice to challenge Virginia’s protectionist CON program.  The Constitution protects individuals’ right to earn an honest living free from unreasonable government interference, and it prevents states from putting up unnecessary barriers to interstate commerce.  The Virginia CON program does both, and that is why the federal courts should strike it down.


Read more

 

Embed on your site:




Freedom Flix

The Institute for Justice is always looking for new ways to promote the message of freedom. To that end, IJ produced the following videos in-house to tell the stories of our clients and their fight for individual liberty.

None of this — the cases or these videos — would be possible without the continued generosity of our donors. We hope you enjoy them and share them with those who need a little inspiration.

Subscribe to our videos via iTunes or YouTube.


   POLICING FOR PROFIT: Feds try to take innocent elderly couples' Mom-and-Pop motel (2:47)
Seeking to circumvent state law and cash in on the profits, the Tewksbury Police Department is working with the U.S. Department of Justice to take and sell the Caswells property because a tiny fraction of people who have stayed at the Motel Caswell...
   IJ's Jeanette Petersen Explains Three Reasons You Can't Get a Cab (1:40)
Ever wonder why it's so hard to get a taxicab? IJ's Jeanette Petersen explains that government-imposed barriers like caps on permits and minimum fare laws are designed to protect entrenched transportation companies at the expense of enterprising drivers a
   Sign Codes vs. Free Speech (3:02)
Across the country, government is dealing a one-two punch to property rights and free speech. Using sign codes, cities are demanding large signs protesting eminent domain abuse be taken down.
   Caveman Blogger Fights for Free Speech and Internet Freedom (2:58)
Can the government throw you in jail for offering advice on the Internet about what food people should buy at the grocery store?
   Speed's Auto Services v. Portland Protectionism in Portland, Oregon (1:19)
Can the government bar entrepreneurs from offering competitive prices, online discounts and prompt service merely to protect politically powerful insiders from competition?
   Gov't Bully to Citizen Activists: Lie or Face Crippling Fines (2:53)
Washington's Public Disclosure Commission, which works to shut down political debate, is now seeking to drastically restrict free civil rights advocacy—advocacy that has guided our nation to live up to its ideals of freedom and justice...
   FOOD FIGHT IN WASHINGTON: Let's Save DC Food Trucks (3:00)
D.C. is one of the best food-truck cities in the country. That's something city officials should be proud of. But unfortunately, city leaders are considering new restrictions on food trucks that could be used to ban them from serving their customers...
   Puppies & Kittens & Censors…Oh my! Gov't Muzzles Internet Pet Vet (1:31)
This Institute for Justice lawsuit involves free speech and Internet freedom while centering on one of the most important unresolved issues in First Amendment law:  When does occupational licensing trump the First Amendment?  
   If a Police Dog "Alerts," Should You Lose Your Cash, Car and Other Property? (2:42)
IJ attorneys Darpana Sheth and Scott Bullock explain IJ's new amicus brief about civil forfeiture. Learn more at this link: http://www.ij.org/l-l-10-12-ij-amicus-brief-alerts-high-court-to-abuse-of-civil-forfeiture-using-drug-dogs
   Gov't to makeup artists: Put down the blush, or we'll shut you down (2:51)
In Nevada, teaching others how to apply makeup without a government-issued license can subject you to up to $2,000 in fines.
   Is your state pulling a medical CON job? (1:22)
Medical professionals join forces with Institute for Justice, file major federal health care lawsuit. Laws limit medical options for patients, funnel millions of dollars to politically connected businesses.
   Chip Mellor Acceptance Speech, Bradley Prize 2012 (13:13)
Thursday, June 7, 2012, the Bradley Foundation presented the Bradley Prize to IJ President and General Counsel William H. "Chip" Mellor during a ceremony at the John F. Kennedy Center for the Performing Arts in Washington, D.C.
   Should You Need the Government’s Permission to Work? (5:00)
Barriers like occupational licensing make it harder for people to find jobs and build new businesses that create jobs, particularly minorities, those of lesser means and those with less education.
   IRS Protectionism: New Licensing Scheme Challenged in Major Federal Lawsuit (3:58)
Congress never gave the IRS the authority to license tax preparers, and the IRS can't give itself that power. But last year the IRS imposed a sweeping new licensing scheme that forces tax preparers to get IRS permission before they can work.
   Can the Government Make Entrepreneurs Do Useless Things For No Reason? (1:56)
Verlin Stoll is a 27-year-old entrepreneurial dynamo who owns Crescent Tide funeral home in Saint Paul, Minn. Verlin wants to expand his business, hire new employees and continue to offer the lowest prices in the Twin Cities, but Minnesota refuses to let
   How are food truck entrepreneurs like the Buffalo Bills? They're unrelenting underdogs & dreamers. (3:56)
Food trucks have hit the streets of Buffalo, NY. But a few brick-and-mortar restaurants are trying to put them out of business through the force of government.
   FREE SPEECH FIGHT: New Orleans Bureaucrats Silence Speech, Tour Guides Fight Back (2:35)
In New Orleans, it is a crime to charge people for a talking tour without first getting permission from the government. City officials require every tour guide to pass a history exam, undergo a drug test and an FBI criminal background...
   F.L.O.S.S: Protecting You from Low-Cost Teeth-Whitening Services (1:59)
Teeth-whitening services are popular and increasingly available at spas, salons and shopping malls. There is one group that is not smiling about these new, low-cost teeth-whitening services: the Connecticut Dental Commission. In June, the Commission ruled
   I am IJ: 20 Years Litigating for Liberty (7:22)
If you created an institution, an American institution, what would you want it to do? You'd want it to make the world around you a better place. This is the story of that institution. This is the story of the Institute for Justice and its first 20 years
   Entrepreneurs Challenge Unconstitutional Ferry Monopoly on Lake Chelan (2:11)
Jim and Cliff Courtney have had their plans to launch a ferry service on Lake Chelan sunk by a nearly one-hundred year old Washington State law designed to protect the existing ferry provider from competition.

Email Address
Please enter a valid email address
Share

Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
Tel 703.682.9320, Fax 703.682.9321
© 1997-2014