U.S. District Court Dismisses COPN Lawsuit

The Alexandria Division of the U. S. District Court for the Eastern District of Virginia this week dismissed the lawsuit filed by Colon Health Centers of America challenging Virginia’s Certificate of Public Need (COPN) statutes as unconstitutional.  The Court dismissed the lawsuit for “failure to state a claim upon which relief may be granted,” and said that Virginia’s COPN statutes are not unconstitutional as claimed by the plaintiffs, stating “…all of the plaintiffs’ individual rights challenges constitute no more than a difference of opinion over whether the COPN laws actually reduce the cost of medical services, a conclusion that may be controversial as a matter of political economy, but is uncontroversial as a matter of constitutional law.”

The Court said that this difference of opinion more properly should be addressed by the state legislature, and not the court system.  The plaintiffs may appeal this court decision or attempt to get legislation introduced in the 2013 General Assembly Session.