Legal Opinion

Eastern Carolina Internal Medicine, P.A. v. North Carolina Department of Health

Court of Appeals of North Carolina

Decided May 3, 2011No. COA09-1278PublishedCited by 3 opinions

1Opinion of the Court

ERVIN, Judge.

Petitioner Eastern Carolina Internal Medicine, P.A., (ECIM) submitted an application for a Certificate of Need (CON) authorizing the *400purchase and operation of a mobile Magnetic Resonance Imaging scanner pursuant to N.C. Gen. Stat. § 131E-182 on 15 November 2007. Respondent Certificate of Need Section of the North Carolina Department of Health and Human Services (the Department) denied ECIM’s application on the basis of a determination that ECIM had failed to show compliance with the applicable statutory review criteria on 28 April 2008. On 8 June 2009, the Department issued a…

2Cases cited19 opinions

  1. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  2. ACT-UP Triangle v. Commission for Health ServicesSupreme Court of North Carolina · 1997
  3. In Matter of RogersSupreme Court of North Carolina · 1979
  4. In Re the Appeal From the Denial of the Application to DredgeSupreme Court of North Carolina · 1980
  5. Bryant v. Weyerhaeuser Co.Court of Appeals of North Carolina · 1998

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3Cited by3 opinions

  1. Raleigh Radiology LLC v. N.C. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2019
  2. Ecim. v. Dept., Health and Human Svcs.Court of Appeals of North Carolina · 2011
  3. Raleigh Radiology LLC v. NC Dep't of Health & Hum. Servs.Court of Appeals of North Carolina · 2019

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