Shoolman v. Health Facilities Appeals Board

This case arises under G. L. c. 111, §§ 25B-25G (1984 ed.). 3 The purpose of the statute, known as the determination of need law, is to “prevent unnecessary expansion of health care facilities in the Commonwealth and encourage appropriate allocation of resources for health care purposes.” Commissioner of Pub. Health v. Bessie M. Burke Memorial Hosp., 366 Mass. 734, 735 (1975). The plaintiffs appeal from a judgment of the Superior Court affirming a decision of the Health Facilities Appeals Board approving the Department of Public Health’s (department) grant of a certificate of need to…