PCI Certificate of Need Regulations Here to Stay

On July 9th the federal court in the Eastern District of Washington granted the Department of Health’s motion for summary judgment, thus ending the drawn out battle between Yakima Valley Memorial Hospital (“YVMH”) and the State over the denial of a certificate of need (“CN”) for elective PCI at YVMH.  The motion, which was remanded back to the district court by the Ninth Circuit, focuses on the question of whether the CN regulations unreasonably discriminate against interstate commerce in violation of the dormant Commerce Clause.  This constitutional challenge questions the burdens the PCI regulations place on interstate commerce as compared to the local benefits of the regulations.  Following an analysis of the PCI regulations and their application to YVMH, the court determined that the PCI regulations do not impose a substantial burden on interstate commerce as compared to the local benefits.  The PCI CN regulations therefore live to fight another day…

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