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The Impact of P.L. 93-641 on the State Certificate of Need Process

Published online by Cambridge University Press:  01 January 2021

Leonard Glantz*
Affiliation:
Boston University Center for Law & Health Sciences

Extract

One of the most significant aspects of P.L. 93-641, the National Health Planning and Resources Development Act of 1974 is the requirement that States adopt certificate of need laws as a method of health facilities regulation. This demonstrates a certain Congressional dissatisfaction with health planning alone and a desire to be more active in the actual distribution of health care facilities.

Over the years Congress has made a number of attempts to institute federal programs that would insure an adequate supply of health services to all people In 1946 it passed the Hill-Burton Act which was designed to respond to Congress perception that an inadequate supply of hospital beds existed in the United Slates. In addition to providing funds for the actual building of hospital beds, Hill-Burton required states to conduct surveys of bedding patterns and to participate in some rudimentary planning.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1976

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References

P.L. 79-725.Google Scholar
Senate Report No. 93-1285. 1974 U.S. Cong and Ad. News 7842.Google Scholar
P.L. 92-603.Google Scholar
P.L. 93-641 [Hereinafter Act] § 1521(d).Google Scholar
Act § 1523(a)(4)(B) and § 1523(b)(2).Google Scholar
North Carolina v. Mathews, No. 76-0049-Civ.-5 (E.D. N. Car. filed April 27, 1976).Google Scholar
In Re Certificate of Need For Aslon Park Hospital, Inc., 282 N.C. 542, 193 S.E.2d 729 (1973).Google Scholar
Act § 1512, 1513.Google Scholar
Act § 1521, 1523.Google Scholar
Act § 1523(a)(4)(B).Google Scholar
Act § 1522(b)(13).Google Scholar
Act § 1513(b)(2).Google Scholar
Act § 1513(b)(3).Google Scholar
Act § 1532(c).Google Scholar
Act § 1523(c).Google Scholar
Supra note 14.Google Scholar
Act § 1532(c).Google Scholar
41 Fed. Reg. 11687, 11704 § 123.410 (March 19, 1976). [Hereinafter Regs.]Google Scholar
Act § 1532(b).Google Scholar
Reg. § 123.407(a)(7)(i).Google Scholar
See, Davis, . Administrative Law Text § 7.01-7.05 (3rd ed. 1972).Google Scholar
Regs. § 123.401.Google Scholar
40 A.D.2d 324, 340 N.Y.S.2d 108 (1973), aff'd, 33 N.Y.2d 584, 347 N.Y.S.2d 452 (1973)Google Scholar
Reg. § 123.401(b)(6).Google Scholar
Borsody, State Certificate of Need Laws, 3 J. of Leg. Med. 24, 25 (Oct. 1975).Google Scholar