Have a legal question?

Search

Iowa Constitutional Law

Certificate of Need and the Necessity of Expanding Outside of Iowa City

January 17, 2025

Explore the serene setting of a university campus featuring a prominent 'UNIVERSITY' sign on a brick structure, beautifully framed by lush trees and well-maintained landscaping, symbolizing academic excellence and a welcoming environment for learning

Discover the development of the new University of Iowa Health Care campus in North Liberty, set to open in 2025. Learn about the challenges and legal hurdles, including the Certificate of Need law, faced in expanding access to top-tier medical services closer to home for Iowans in the surrounding areas.

Key Takeaways

  • Expanding Health Care Access: The new University of Iowa Health Care campus in North Liberty, opening in 2025, will bring advanced medical services closer to local communities.
  • Regulatory Challenges: The project faced obstacles from Iowa's Certificate of Need law, which regulates new medical facilities, stirring debate on its impact on healthcare access.
  • Capacity Enhancement: The new facility will relieve pressure on the main hospital, adding 48 beds and more opportunities for teaching and research, improving statewide care.
  • Just north of Iowa City, which is the location of the most comprehensive academic teaching hospitals in the state, the city of North Liberty is becoming home to the newest branch of the University of Iowa health care. Set to open in 2025, the North Liberty building sits on 60 acres and contains clinical rooms as well as teaching and research facilities. Construction More Than Halfway Completed for UI Health Care North Liberty Campus | University of Iowa Health Care (uihc.org). The goal of the building is to continue to provide top-of-the-line care to Iowans in locations closer to home. The new building allows for the residents of Coralville, North Liberty, and surrounding areas to receive complex care in an area even closer to home.  

    Prior to breaking ground on the new building, there were various hurdles that needed to be crossed, with the biggest being receiving approval from the state. In the state of Iowa, it is a crime for doctors to open new locations to offer services without first obtaining a Certificate of Need. Iowa Certificate of Need - Institute for Justice (ij.org).

    This law does not focus on the safety of the patients, as there are other laws – both at the state and federal level – that govern what kind of medical procedures are permitted. The Certificate of Need law only regulates if someone may open a new medical facility and helps to ensure the newly requested facility will not take patients and customers from previously established facilities.  

    The purpose of the Certificate of Need law seemingly cuts against the goal of the new facility being built in North Liberty, Iowa, which is to provide patients with care options closer to home. Unsurprisingly, the law has been under significant criticism since 1977.

    In 2017, medical providers, one of which was out of Cedar Rapids, filed a complaint alleging that Iowa’s Certificate of Need law violates Equal Protection, Due Process, and Privileges and Immunities Clauses of the Fourteenth Amendment.

    As mentioned above, the law does not regulate any safety policies or procedures. Rather, it “arbitrarily prevents medical entrepreneurs from offering safety, less costly, and more convenient medical procedures. . .” with the “only purpose [being]. . .to protect established Iowa healthcare facilities from economic competition.” Iowa Certificate of Need Law Under Constitutional Attack (brownwinick.com). The Court did not find the attacks on the constitutionality of the law convincing, as the North Liberty facility had to undergo battles to be approved for a Certificate of Need.  

    While the facility is set to open in 2025, it has been nearly a 5-year ordeal in order to get to the point of opening. In February 2021, the University of Iowa Hospitals and Clinics submitted a request for approval to build the new facility.

    The proposal included details of the build, with the understanding that it would cost $230 million to build and be home to 48 hospital beds. The request was denied on the basis that the build would negatively impact Mercy Iowa City and UnityPoint Hospital in Cedar Rapids.  

    The University filed a second application in August 2021. In support of the second application, UIHC CEO Suresh Gunasekaran states that the denial of their proposal for the new building harmed the residents of the state of Iowa. The harm sustained is a result of the limited capacity of the main University Hospital located in Iowa City. 

    In addition to limitations on capacity, the current building also limited the number of academic training that doctors would be able to receive. Additional capacity would permit furthering both the accessibility of medical care and the number of individuals able to provide such care. UIHC North Liberty hospital proposal gets greenlight from state board - The Daily Iowan. The request for a Certificate of Need was ultimately approved on August 31, 2021. 

    While the Certificate of Need Law continues to receive scrutiny, the University was able to successfully prove that the area north of Iowa City needs additional access to medical care, and such care is necessary due to the shortage of clinical rooms and educational and research facilities that the Hospital currently has.

    There is no denying that there are medical facilities and providers who are not in support of the new build due to the competition it brings. That being said, this will likely not be the last time that the Certificate of Need Law receives scrutiny, nor will it be the last time that the state of Iowa needs to expand and add to the availability of medical facilities.  

    Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
     in 
    Text Link
     category
    Iowa Constitutional Law

    Related Articles

    Contributors

    Written by
    Kevin O'Flaherty
    Factchecked by
    Sign up to our newsletter
    Thank you! Your submission has been received!
    Oops! Something went wrong while submitting the form.

    Related Legal Topics

    No items found.
    Schedule a Consultation
    Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

    Contact Us

    Please contact our friendly lawyers to Schedule a Consultation.

    See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.

    We're here to help!
    Email
    Info@Oflaherty-Law.com
    Phone
    (630) 324-6666

    What to Expect From a Consultation

    The purpose of a  consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Consultations may carry a charge, depending on the facts of the matter and the area of law. The cost of your consultation, if any, is communicated to you by our intake team or the attorney.

    Hours of Operation

    Monday
    9:00am - 6:00pm
    Tuesday
    9:00am - 6:00pm
    Wednesday
    9:00am - 6:00pm
    Thursday
    9:00am - 6:00pm
    Friday
    9:00am - 6:00pm
    Saturday
    Closed
    Sunday
    Closed

    Our Service Areas

    Illinois

    Learn About Our Remote Law Approach

    Meet the Owner

    I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

    Quotation Mark
    - Attorney Kevin O'Flaherty, Owner