June 30, 2015
The Georgia Supreme Court upholds the competitor’s veto CON law, denying Georgians access to the best available care.
File petition for certiorari at the U.S. Supreme Court.
At a time of soaring medical costs, health care consumers need options more than ever. The market is responding with lower-cost, higher-quality, customized options. But many states thwart competition and choices through “Certificate of Need” (“CON”) laws designed not to protect the public but rather powerful medical interests.
Medical CON laws were designed to restrict health care spending in order to lower costs. The trouble is, they ended up restricting competition for medical services, driving up prices, stifling innovation and limiting access to care. That is why the federal government did away with its CON requirements in 1986, and why a dozen states quickly followed suit. Still, 36 states and the District of Columbia maintain these anti-competitive systems that jack up the prices of every medical procedure they regulate. Unfortunately, Georgia is one of the worst offenders.
Dr. Hugo D. Ribot Jr., M.D. and Dr. Malcolm Barfield, D.O. found out firsthand how counterproductive Georgia’s CON laws can be.
Dr. Ribot and Dr. Barfield are OB/GYNs who co-own an outpatient surgery center in Cartersville, Georgia. Between the two of them, they provide non-emergency surgical services to hundreds of Georgians and also deliver hundreds of babies each year. In October 2014, they decided to expand their surgery center to serve more patients by adding a second operating room and by allowing other surgeons to use their state-of-the-art facility. More doctors and more operating rooms mean flexibility to schedule more patients, increased efficiency, and better access to care. But first they had to get past Georgia’s CON laws.
Even though other doctors had asked to use the surgery center, before Dr. Ribot and Dr. Barfield could open their doors to more patients, they had to spend thousands of dollars and countless hours to prove that there is a “need” for more surgical services in the Cartersville area. They also had to overcome opposition from their competitors—existing hospitals in the surrounding area—that filed statements opposing the doctors’ CON application.
After six months of waiting, in March 2015, the Georgia Department of Community Health protected the existing hospitals from competition and denied the doctors’ CON application. The bureaucrats decided that because Dr. Ribot and Dr. Barfield were not using their operating room to capacity, they could not allow other surgeons to use the operating room, or add a second operating room to provide more scheduling flexibility.
This Goldwater Institute lawsuit seeks to end the CON program in order to enable patients to get the healthcare they need and to prevent medical practitioners from wasting thousands of dollars and countless hours trying to prove “need” to the State before they are allowed to offer their services to the public.
Plaintiffs
Women’s Surgical Center, LLC d/b/a Georgia Advanced Surgery Center for Women
Dr. Hugo D. Ribot Jr., M.D.
Dr. Malcolm Barfield, D.O.
Defendants
Clyde L. Reese III, Esq., Commissioner of the Georgia Department of Community Health
Rachel L. King, Esq., Health Planning Director, Georgia Department of Community Health
Court
Superior Court of Fulton County, Atlanta
Judge
TBD
Relief sought
We are asking the Georgia courts to strike down Georgia’s medical CON laws so that licensed doctors are able to offer their services to the public without first complying with anti-competitive restraints.
Date filed
June 30, 2015
Jim Manley is a Senior Fellow at the Goldwater Institute. He is a co-author of the Goldwater Institute’s Campus Free Speech Act. Jim has worked with policy makers across the country to help enact reforms aimed at restoring free speech as a living tradition on college campuses. A native of Michigan, he graduated from Arizona… Read more...
Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.
Donate NowSince 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.
Our attorneys defend individual rights and protect those who cannot protect themselves.
Need Help? Submit a case.