State Health Planning Review Board v. Piedmont Hospital, Inc.

Banke, Chief Judge.

Piedmont Hospital, Inc., and West Paces Ferry Hospital, Inc., filed separate applications to the State Health Planning Agency to obtain certificates of need to establish cardiac surgery programs. The agency denied both applications, and the hospitals appealed to the State Health Planning Review Board pursuant to OCGA § 31-6-44. The review board dismissed the appeals based on application of an agency regulation known as the “cardiac surgery rule,” which provides as follows: “Cardiac Surgery. Adult cardiac surgery services and pediatric cardiac catheterization and surgical…