Certificate of Need

Martin Memorial Med. Ctr. v. Tenet Healthsystem Hospitals, Inc., No. 1D03-4567 (June 29, 2004)

A Florida appellate court ruled that a law exempting hospitals in five counties from certificate of need ("CON") requirements violated the Florida constitution. The law purported to exempt hospitals in Palm Beach, Polk, Martin, St. Lucie and Indian River Counties from undergoing CON review prior to establishing open-heart surgery programs. The court found that the law was impermissible "special or local legislation" because it applied only to a closed class of five counties, in violation of Article III, Section 10 of the Florida constitution.