Ridge Care, Inc. v. North Carolina Department of Health & Human Services

STEELMAN, Judge.

This Court is bound by its prior decisions and must hold that DHHS was authorized to enter into a settlement agreement with Carillon in 2007. Where the 2000 and 2007 Settlement agreements were outside of the CON Law, petitioners’ constitutional challenges must fail. The Attorney General was not required to execute the 2007 Settlement Agreement. Petitioners have failed to demonstrate prejudice.

I. Factual and Procedural Background

In 1997, the North Carolina General Assembly enacted a law that imposed a moratorium on the development of adult care home (“ACH”) facilities. Under…