Fuhs v. Gilbertson

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Providence Alaska Medical Center applied to the Alaska Department of Health and Social Services (DHSS) for a certificate of need (CON) to build an open-bore MRI facility, and then-Commissioner Joel Gilbertson granted the certificate. Paul Fubs filed an accusation requesting a hearing before DHSS to challenge issuance of the CON. When Gilbertson denied the request based on his conclusion that Fubhs lacked standing under Alaska's CON statute, Fubhs filed two superior court proceedings: an administrative appeal challenging the denial of his request for a…