June 22, 2022, 3:52 PM
A North Carolina ophthalmologist’s lawsuit alleging that the state’s certificate of need law is unconstitutional as applied to him wasn’t revived because the law serves a valid governmental interest, a state appeals court said.
Jay Singleton wanted to perform outpatient surgeries at his clinic, Singleton Vision Center PA in New Bern, N.C. But Carolina East Medical Center holds the only operating room CON in the surrounding three-county area, and the 2021 State Medical Facilities Plan says there is no need for additional operating room capacity in the region, the North Carolina Court of Appeals said.
Singleton sued the N.C. Department …