Fairfax Surgical Center, Inc. v. State Health Commissioner

Opinion

MOON, J.

Fairfax Surgical Center (FSC) appeals the decision of the Circuit Court of Arlington County upholding the State Health Commissioner’s (Commissioner) determination that FSC must obtain a certificate of public need (COPN) before constructing an additional outpatient operating room. The issue on appeal is whether the addition of an operating room to the outpatient facility constitutes a significant change under the COPN statutes. Under the circumstances of this case, we find that the addition of an operating room does not fall within the statutory definition of a project subject…