Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational basis” test. [1] Case Background Appellants were denied an application to open a home healthcare company catering to Nepali-speaking patients based on a state requirement that new entrants must show there are at least 250 patients in an area who need a new entrant, or at least 125 patients who need
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The US Court of Appeals for the Sixth Circuit questions the implications of "Certificate of Need" laws for market competition (Tiwari / Friedlander)
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