Alaska Surgery Center Can’t Skirt Need Law, Court Says

Alaska’s health department improperly approved a spinal surgery center’s move from Anchorage to Wasilla, a state court said.

Alaska Spine Center LLC’s proposed relocation didn’t fall within the “same community” exemption to the state’s certificate of need process, the Alaska Supreme Court said March 29. It affirmed summary judgment for a rival ambulatory surgical center, saying ASC must apply for a CON before making its move.

Thirty-five states have some form of certificate of need laws. Generally, they require health-care providers to obtain the state’s permission to open new or expand existing facilities. At one time, they were believed to ...