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Medical Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Brooklyn Law School

Antitrust; Parker immunity; CON law(s); Certificate of Need; COVID-19; Government regulation; Government over-regulation; Too much regulation; Small government; Healthcare; Cost of healthcare; Issues with healthcare; Healthcare system; Anti-competitive; Sherman act; Rule of reason

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Full-Text Articles in Medical Jurisprudence

Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood Feb 2022

Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood

Brooklyn Law Review

Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing the …