Charlotte-Mecklenburg Hospital Authority v. North Carolina Industrial Commission

WHICHARD, Justice.

The primary question is whether adoption of a per diem reimbursement rule and concomitant repeal of the Blue Cross and Blue Shield of North Carolina rule exceeded the North Carolina Industrial Commission’s statutory authority to review and approve hospital charges for services rendered to patients entitled to care under the Workers’ Compensation Act, N.C.G.S. Chapter 97 (1991) (“Act”). For reasons hereinafter stated, we hold that adoption of the per diem rule exceeded the Commission’s statutory authority, but that repeal of the Blue Cross Blue Shield rule did not.

I

The…