Texas Health Facilities Commission v. El Paso Medical Surgical Associates

DUNAGAN, Chief Justice.

This appeal arose from an order of the Texas Health Facilities Commission, hereinafter “Commission,” which denied the application of El Paso Medical Surgical Associates, hereinafter “E.P.M.S.A.,” to transfer ownership of a Certificate of Need and relocate the proposed facility which was the subject of the Certificate.

The Commission, established by Article 4418h, Tex.Rev.Civ.Stat.Ann., and known as the Texas Health Planning and Development Act, is a state regulatory agency. It was created in response to the federal mandate of the National Health Planning and Resources…