North Carolina State Treasurer Dale R. Folwell expressed his support for a recent decision by the N.C. Supreme Court in the case of Singleton, et al v. Department of Health and Human Services, et al. The court ruled in favor of New Bern eye surgeon Dr. Jay Singleton, sending his lawsuit challenging the state's Certificate of Need (CON) laws back to the trial court for a full hearing on constitutional grounds. According to a statement from the Treasurer's office, the court has asked a three-judge panel to consider whether North Carolina's CON laws violate the constitution.
Dr. Singleton's legal proceeding began in 2020, stemming from restrictions imposed by CON laws that require a government-issued certificate before most eye surgeries can be performed at his clinic leading to higher costs by needing to use the facilities of Caroline East Medical Center; these laws are meant to limit healthcare overspending and unnecessary equipment. However, after the case was dismissed by the Court of Appeals due to technical reasons, the Supreme Court vacated this decision and redirected the lawsuit to be reviewed under constitutional challenge as both as-applied and facial, according to the Treasurer’s Office.
Treasurer Folwell, regarding the Supreme Court's decision, said on the Department of State Treasurer website, "As 'keeper of the public purse' and having responsibility for nearly 750,000 members of the State Health Plan, I am very pleased with the Court's decision." He articulated his disdain for CON laws, labeling them a "con" and criticizing the North Carolina Healthcare Association for obstructing any meaningful reform of these laws. Folwell holds that these laws create a monopolistic advantage for large hospitals and hinder the improvement of healthcare quality and affordability for North Carolinians.
In support of Dr. Singleton's lawsuit, Treasurer Folwell filed an amicus curiae brief in August 2022, reinforcing the argument that CON laws encroach upon sections 19, 32, and 34 of the North Carolina Constitution; the State Health Plan, being one of the largest healthcare purchasers in the state, is greatly impacted by these laws as they are faced with increased healthcare costs, while large health care providers' profits soar, Dr. Folwell accused these laws of exacerbating the challenges in healthcare accessibility and affordability for the state's residents, as conveyed in statements from Treasurer's Office.
