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Therapist Gets Shot at Invalidating Mississippi’s Need Law

Jan. 14, 2022, 2:46 PM

A physical therapist can proceed with a suit challenging Mississippi’s certificate of need law as unconstitutional because he cited numerous sources suggesting that such laws don’t serve legitimate state interests, a federal court said.

Charles Slaughter cited legislative history, case law, studies, and research demonstrating that CON laws don’t reduce costs, increase health-care access, or improve quality of care, as claimed by the state, the U.S. District Court for the Southern District of Mississippi said.

All but one state adopted CON laws in 1970s when the federal government made them a condition of funding. They condition licensure of new health-care ...