Personal Liberties

Women’s Surgical Center, LLC v. Reese

Georgia Constitution disallows economic protectionism

Women’s Surgical Center specializes in conducting outpatient procedures for traditionally inpatient surgeries, which benefits patients by providing less expensive and less invasive operations. Women’s Surgical wants to expand its practice, building more operating rooms and contracting with more doctors. However, Georgia’s Certificate of Need law allows competing medical practices to object to the issuance of a Certificate of Need and triggers a hearing by the Department of Community Health to determine whether there is a “need” in the community for the applicant’s proposed new services. As amicus, PLF urged the Georgia Supreme Court to strike down this unconstitutional law.

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