direction sign with capital letter H for hospital. Credit: Spiroview Inc./Adobe Stock

Judgment Vacated: Hospital's Certificate of Need Conveyed Private Right

"[A] right under a [Certificate of Need] to operate a particular kind of hospital is a private right because the right to use one's property in a particular way is a traditional property right," the Supreme Court of Georgia ruled.

February 08, 2024 at 09:53 AM

5 minute read

Health Care Law

Cedra Mayfield
Litigation Reporter

What You Need to Know

Supreme Court of Georgia concludes hospital certificates of need convey private, rather than public, right.
High court vacates conflicting Georgia Court of Appeals' finding as improper. High court vacates Georgia Court of Appeals' finding that certificates of need confer only public rights as improper.
Underlying dispute over contested hospital reversion remanded to address whether old letter established vested private right that cannot be impaired retroactively.

Five months after hearing oral arguments surrounding a contested hospital reversion, the Supreme Court of Georgia has clarified that "a right under a [Certificate of Need or] CON to operate a particular kind of hospital is a private right."