Georgia Department of Community Health v. Emory University

Gobeil, Judge.

The Commissioner of the Georgia Department of Community Health ("the Commissioner") ruled that Emory University Hospital ("EUH") could not sever its certificate of need ("CON") for a 16-bed, in-patient rehabilitation *630 program from its hospital license 1 and thereafter transfer both the program and the CON to another, separately-licensed facility located on the Emory University campus. Instead, the Commissioner determined that the separately licensed facility, Emory Rehabilitation Hospital ("Emory Rehab"), would be required to obtain its own CON for the 16 additional beds it…