Pros And Cons Of Certificate Of Need Law

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Ever since the certificate of need law was introduced in the United States, their effectiveness has been scrutinised or criticized. The certificate of need has been criticized for creating barriers in the health care market by shielding existing health providers from new entrants using the process. The main debate surrounding the certificate of need is with regards to the effectiveness of this program when it comes to quality of care, access and cost of healthcare, precisely on whether the certificate of need has had any negative or positive effects when it comes to fulfilling its purpose of lowering costs, improving health care quality and access even to the uninsured population. Moreover, the debate extends to its effect on competition issues, …show more content…

The idea behind certificate of need laws was to increase the provision of health care to low income earners whilst cutting health care costs. This was to be possible under the cross-subsidizing theory where health providers charge higher prices than they would normally do to cover losses when they provide care to the poor. This means that the health of the poor is subsidized by those who can afford to pay for health care. States who are using the program still believe that it is living up to its main mandate of lowering health care costs and increasing health care services to all. However, the idea was good on paper and not for implementation where competition laws are concerned because the program restricts market entry by limiting the number of players in the market. New entrants have to show in their applications that they are not providing a duplicate service and further show that the costs thereof will be …show more content…

The reasoning being that the lack of competition leads to existing health providers to have market power because of lack of competition. The restriction of entry and exit in the health sector gives firms monopolistic power to have control of the sector, be it on costs or access. Although studies have been conducted by many groups, the question still remains as to whether costs are lowered or increased. A study on the certificate of need by the Lewin Group on cost containment evidence proved to be weak that CON processes do affect spending patterns in a state. The group found no evidence that supports that safety - net hospitals are financially stronger in the CON states than those that are outside states without CON

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