Fairview General Hospital v. Fletcher

Bowman, Judge.

On February 4, 1987, appellee, Fairview General Hospital (“Fairview”), sought permission from the Ohio Department of Health (“ODH”) to change the status of its Neonatal Intensive Care Unit (“NICU”) from a Level II to a Level III center. On March 5,1987, ODH notified Fairview that it must apply for a Certificate of Need (“CON”) in order to redesignate its fourteen neonatal intensive care beds. On August 31, 1987, Fairview filed a CON application and, on April 6, 1988, ODH denied Fairview’s CON application. Fairview then requested an administrative appeal adjudication hearing,…