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Nepalese Immigrants Lose Fight to Open Home Health Agency

April 15, 2021, 2:32 PM

Two men denied a permit to operate a home health agency serving the Nepalese-speaking community in Kentucky lost their challenge to the state’s certificate of need program, as lawmakers had rational reasons for adopting it, a federal court said.

Certificate of need laws are designed to prevent overinvestment in and uneven distribution of health-care facilities, according to the U.S. District Court for the Western District of Kentucky. Their effectiveness has been questioned, and many states have withdrawn certificate of need requirements.

But whether they are effective isn’t the issue when certificate of need requirements are alleged to violate the 14th ...