Alabama Renal Stone Institute, Inc. v. State Health Planning Agency

I respectfully dissent from the majority’s decision to quash the writ in this case. The hospitals’ use of the mobile extracorporeal shockwave lithotripter to treat kidney stones does not constitute a “new institutional health service” under Ala.Code 1975, § 22-21-263(a)(4). The Court of Civil Appeals specifically stated that “[tjhere is no dispute that the Hospitals here have a history of providing their patients with some form of a kidney stone treatment.” Alabama Renal Stone Institute, Inc. v. State Health Planning Agency, 594 So.2d 106, (Ala.Civ.App.1991). Nevertheless, that court went on…