The Iowa Court of Appeals upheld the state Board of Health's decision to grant a certificate of need to Fox Eye Surgery Center, finding the center would offer less costly and more convenient care than other facilities in the state, Bloomberg Law reports.
What you should know:
1. Lee Birchansky, MD, applied for a CON four times over a 10-year period before receiving one on his fifth attempt in July 2017 to open an outpatient eye center in Cedar Rapids, Iowa.
2. Two hospitals in the area opposed the proposal, which resulted in the previous denials. Once Dr. Birchansky received his CON, the hospitals appealed the ruling.
3. The state appeals court ultimately ruled in favor of Dr. Birchansky.