Birchansky Real Estate, L.c., And Fox Eye Surgery, L.l.c. Vs. Iowa Department Of Public Health, State Health Facilities Council

STREIT, Justice.

An ophthalmologist wants to open an outpatient surgical facility in Cedar Rapids. Iowa law requires the sponsor of such a facility to first obtain a certificate of need (“CON”) from the Iowa Department of Public Health (“Department”) before the facility can be developed unless a statutory exemption is applicable. Because we find the ophthalmologist’s proposed facility required a CON, we reverse the decision of the district court. Moreover, the Department’s decision to deny the ophthalmologist’s CON application was reasonable.

I. Facts and Prior Proceedings.

This case centers on…