State Health Comissioner v. Sentara Norfolk General Hospital

In this appeal, we consider whether the Court of Appeals erred in concluding the State Health Commissioner (Commissioner) exceeded his statutory authority and committed reversible error by relying on evidence outside the record and on a mistake of fact when he denied a Certificate of Public Need (COPN) for creation of an additional liver transplant program in Virginia.

On July 31, 1996, Sentara Norfolk General Hospital (Sentara) submitted an application for a COPN pursuant to Code § 32.1-102.3 to establish a liver transplant facility in Norfolk. In accordance with the procedures governing…