A group of healthcare providers, including 12 hospitals, have filed a suit with the South Carolina Supreme Court after the state's Department of Health and Environmental Control stopped issuing the certificates of need that allow providers to expand and purchase new equipment, according to a report in The State.
According to the report, the department's decision followed a veto by Governor Nikki Haley, upheld by the state House of Representatives, which cut the funding used by the department to enforce the certificate of need law.
Although state congressional leaders have since stated that the defunding was not intended to eliminate the program but rather to force the department to use other funds, department chief Catherine Templeton said her department "would not, and could not, administer unfunded mandates," according to the report.
The providers' suit alleges that the department's decision to not enforce the certificate of need law is illegal and "threatens imminent harm" to patients in South Carolina, according to the report.
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