Administrative procedure to hear claims for medical malpractice is a reasonable compromise that this veteran has favored for decades.

10th Amendment.

This is a state law issue. For the most part, the state constitutions are not set up with enumerated powers like the US constitution imposes on the Federal government.

Unless there is something in either the US Constitution’s BOR or the state constitution that would explicitly prohibit it, the states have the authority to do it.

Cert of need is used to stop new medical facilities quite often, in spite of how people complain about waits or high prices. It is purely there to prop up prices. It is also used to stop new restaurants, moving companies, etc. The idea that a gov office can tell what is the “proper” number of CT machines in town or taco joints is beyond ludicrous. In Britain as the industrial revolution got rolling there were laws protecting almost every business from competition (which these businesses and guilds had paid for via fees to the crown). The only reason new industry was not prevented was that the gov was incompetent, it was often hard to tell what the new industry was competing with, and it all happened too fast.

The KTLA report focuses on inflation-adjusting the 1975 $250,000 cap on non-economic medical malpractice damage awards. The proposed catch-up to $1,200,000 (modern purchasing power of $250,000 in 1975) may be too much, but inflation-adjustment itself appeals to fair-minded voters. Missed by KTLA, however, were provisions blowing away the cap entirely if the jury rules the damages “catastrophic” [Section 4 (d)] (and prompting the jury to understand that a “catastrophic” finding is the only way to make higher damages stick) [Section 4 (e)] ; also elimination of limits on attorney fees [Section 4 (f)].

https://fairnessact.org/read-the-act/
Fairness for Injured Patients Act