Roper Hospital v. Board of South Carolina Department of Health & Environmental Control

Chandler, Justice:

The Board of South Carolina Department of Health and Environmental Control (Board) appeals Circuit Court’s reversal of its order denying Respondent Roper Hospital’s (Roper) application for a certificate of need (CON). We reverse.

*140FACTS

Roper filed a CON application with the Department of Health and Environmental Control (DHEC) to construct a new general hospital west of the Ashley River. It further requested permission to transfer 100 beds from its existing hospital in Charleston to this new facility. From DHEC’s denial of the application, Roper sought review by the Board.1

The…