“Flatten the curve” was a noble goal for 2020, but that curve only existed because of a half-century-old law. “Certificate of need” laws, in nearly three dozen states, serve to protect healthcare cartels but wreak havoc on society amid a pandemic.
Of all the red tape tying up the market for healthcare, the “certificate of need” (CON) laws are some of the most useless. Thirty-four states and the District of Columbia enforce some version of this regulatory mechanism whereby a state board or commission artificially limits the number of hospitals and emergency rooms built or medical devices or services acquired.
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