North Fulton Medical Center, Inc. v. Stephenson

Sears, Justice.

This is the fourth appeal to this Court spawned by the State Health Planning Agency’s (“SHPA’s”) attempts to satisfy the requirements of the State Health Planning Act (“the Act”) in connection with a relocating Fulton County health care facility. In this appeal, we find that SHPA sanctioned the facility’s relocation by promulgating a rule that, as applied, conflicts with the Act’s express legislative requirement that before any relocating health care facility com- menees operation, it must obtain a certificate of need (“CON”). Furthermore, we conclude that in promulgating its…