In this episode of American Potential, host David From sits down with attorney Aaron Rice of American Dream Legal to discuss a major legal fight over healthcare competition and patient choice in Mississippi.
Aaron shares the story of Butch, an experienced physical therapist who wanted to open a home health agency after seeing the growing need for in-home care during COVID. But he discovered that Mississippi had maintained a moratorium for 45 years that prevented anyone from opening a new home health agency.
Aaron explains how certificate of need laws allow existing healthcare providers to weigh in on whether new competitors should be allowed into the market and how those restrictions can limit choices for patients. Despite Mississippi’s home health patient population growing dramatically, the number of agencies available to serve them actually declined.
Butch fought back in court and won a major victory when a federal judge struck down the 45-year moratorium. Now, Aaron and his team are taking the fight further, challenging Mississippi’s broader certificate of need law and arguing that healthcare entrepreneurs should not need permission from their competitors to serve patients.
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