Comment on High court won't review Certificate of Need ruling

High court won't review Certificate of Need ruling

Late last month, the state Supreme Court denied the Department of Health and Environmental Control's request to rehear arguments over the Certificate of Need program, which state law requires medical facilities to go through for approval to expand or build. [...] in their ruling, justices ruled that DHEC must administer the program, pointing out that the governor's line-item veto power affected only funding, not the existence of a program set out in state law — even if that is what she intended. [...] the Governor is not empowered to exercise her veto pen in a manner that so broadly affects public policy and attempts to alter legislative intent by reaching back to repeal a permanent law.

 

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