A Resolution to Recommend Certificate of Need Elimination

Whereas the platform of the Libertarian Party of Georgia states that each person has the right to offer goods and services to others on the free market; and,

Whereas the platform of the Libertarian Party of Georgia states that all efforts by government to redistribute wealth, manage trade, or establish regulatory or bureaucratic offices to those ends are improper in a free society; and,

Whereas the platform of the Libertarian Party of Georgia states that we oppose occupational and other licensing laws that infringe on the right of every person to earn an honest and peaceful living through the free and voluntary exchange of goods and services or treat it as a state-granted privilege; and,

Whereas in 1979 the Georgia General Assembly passed a Certificate of Need law which requires healthcare providers to seek approval from the state in order to operate as currently outlined in Georgia Code Title 31, Chapter 6, Article 3; and,

Whereas the empirical evidence shows that Certificate of Need laws are ineffective at their stated goals of controlling costs and ensuring access to healthcare services; and,

Whereas in actuality Certificate of Need laws serve to cartelize the healthcare industry by creating barriers making it difficult and costly in terms of both time and money for new providers to enter the market; and,

Whereas this cartelization harms consumers by reducing supply, increasing costs, and stifling innovation; and,

Whereas on March 27, 2023 the Georgia Senate passed Senate Resolution 279 creating the Senate Study Committee on Certificate of Need Reform; and,

Whereas on March 29, 2023 the Georgia House of Representatives passed House Resolution 603 creating the House Study Committee on Certificate of Need Modernization; and,

Whereas these study committees have sought to gather information and recommendations from the public on how to reform Georgia’s Certificate of Need laws; and,

Whereas we support reforms that fall short of our own recommendation so long as they are moving policy towards our ultimate goal;

Therefore, be it resolved, that the Libertarian Party of Georgia:

  1. recommends the complete elimination of Certificate of Need laws in the State of Georgia; and,
  2. supports creating additional Certificate of Need exemptions for healthcare providers including but not limited to acute care hospitals, ambulatory surgery centers, birth centers, and nursing homes; and,
  3. supports reducing the ability of existing providers to object to the granting of a Certificate of Need; and,
  4. opposes making Certificate of Need reforms dependent upon increased government spending or regulation including but not limited to Medicaid expansion, hospital subsidies, and greater licensure requirements.
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