Legal Opinion
Total Renal Care of North Carolina LLC v. North Carolina Department of Health
Court of Appeals of North Carolina
Decided February 17, 2009No. COA07-1479PublishedCited by 10 opinions
1Opinion of the Court
STEPHENS, Judge.
Pursuant to the powers conferred upon it by the North Carolina Constitution, the General Assembly has enacted legislation which requires a person or entity seeking to “offer or develop a new institutional health service” to first apply for and obtain a Certificate of Need (“CON”) from the Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section (“DHHS”). N.C. Gen. Stat. §§ 131E-175 to -192 (2005) (hereinafter, “CON Law”). The CON Law does not authorize DHHS to withdraw a CON after the project or facility for which a CON was…
2Cases cited14 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- HCA Crossroads Residential Centers, Inc. v. North Carolina Department of Human ResourcesSupreme Court of North Carolina · 1990
- Crumpler v. ThornburgCourt of Appeals of North Carolina · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tinajero v. Balfour Beatty Infrastructure, Inc.Court of Appeals of North Carolina · 2014
- Cumberland Cnty. Hosp. Sys., Inc. v. N.C. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2015
- TOWN OF MIDLAND v. MorrisCourt of Appeals of North Carolina · 2011
- Hope—A Women's Cancer Center, P.A. v. StateCourt of Appeals of North Carolina · 2010
- Alaska Spine Institute Surgery Center, LLC v. State, Department of Health & Social ServicesAlaska Supreme Court · 2011
5 more not listed; retrieve them via the Exa API.