West Bloomfield Hospital v. Certificate of Need Board

This case, in which appellant facilities seek certificates of need from the Department of Public Health to build or alter their facilities, is before us for the second time. Previously, a divided panel of this Court concluded that the department’s failure to adopt and follow a state medical facilities plan, as mandated by law, was error, and therefore remanded the case to the circuit court for issuance of certificates of need to all the parties. West Bloomfield Hosp v Certificate of Need Bd, 208 Mich App 393; 528 NW2d 744 (1995). The Supreme Court reversed, holding that the failure to adopt a…