Georgia takes first steps to end antiquated CON laws

Atlanta; April 22: On Friday, Governor Brian Kemp signed into law HB 1339, which partially reduces Georgia’s restrictions on healthcare innovation. 

The bill substantially reforms the state’s Certificate of Need program, lightening the burden on new healthcare services across the state and improving healthcare access in rural areas. Among other things, it exempts much-needed birth center services from CON requirements. New birth centers are critical for a state with the 11th-highest rate of infant mortality in the country. 

“By reducing many obstacles the CON program imposed, these reforms could mean that after years of trying, our client Katie Chubb will finally be able to open her birth center in Augusta,” said Josh Polk, attorney at Pacific Legal Foundation. “While HB 1339 is an excellent first step for much-needed reform, there is still much work to be done to remove the burdens CON imposes on Georgians’ access to high-quality healthcare.” 

Katie Chubb sued in 2022 to challenge Georgia’s CON laws, which allowed competitors to prevent her from opening a birth center. She is represented by Pacific Legal Foundation free of charge. PLF is actively engaged in litigation and legislative CON reform in 12 states. 

Pacific Legal Foundation hopes that Georgia will lead the way and be an example for how other states can end these antiquated laws and restore the right to earn a living.