Legal Opinion
Palmyra Park Hospital, Inc. v. Phoebe Sumter Medical Center
Court of Appeals of Georgia
Decided July 5, 2011No. A11A0730, A11A0731, A11A0732, A11A0733PublishedCited by 22 opinions
1Opinion of the Court
Barnes, Presiding Judge.
We have consolidated for review these cases appealing two superior courts’ decisions to reverse the grant of a hospital certifícate of need (CON) issued by the Georgia Department of Community Health (DCH). The primary issue on appeal is whether DCH properly applied the applicable statutes and rules when it granted Palmyra Park Hospital’s application for a CON to provide basic perinatal services. A 2008 amendment to the CON statute, OCGA § 31-6-42 (b.2), provides that a hospital seeking a CON for these services does not have to establish a “need” for them. In deciding…
2Cases cited11 opinions
- Bentley v. ChastainSupreme Court of Georgia · 1978
- Pruitt Corp. v. Georgia Department of Community HealthSupreme Court of Georgia · 2008
- Handel v. PowellSupreme Court of Georgia · 2008
- North Fulton Medical Center, Inc. v. StephensonSupreme Court of Georgia · 1998
- Department of Community Health, Division of Health Planning v. Gwinnett Hospital System, Inc.Court of Appeals of Georgia · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harris v. MahoneCourt of Appeals of Georgia · 2017
- ASMC, LLC v. Northside Hosp., Inc.Court of Appeals of Georgia · 2018
- MAYS v. the STATE.Court of Appeals of Georgia · 2018
- Tanner Medical Center, Inc. D/B/A Tanner Medical Center-Villa Rica v. Vest Newnan, LLC D/B/A Newnan Behavioral HospitalCourt of Appeals of Georgia · 2016
- The Medical Center of Central Georgia, Inc. v. Hospital Authority of Monroe CountyCourt of Appeals of Georgia · 2017
17 more not listed; retrieve them via the Exa API.