Presbyterian Hospital v. Dept. of Health

HUNTER, Judge.

The Presbyterian Hospital ("Presbyterian") appeals from a final agency decision of the North Carolina Department of Health and Human Services ("DHHS") entered 20 April 2004. For the reasons stated herein, we affirm the final agency decision.

Lake Norman Regional Medical Center ("Lake Norman") filed a Certificate of Need ("CON") application to expand emergency room facilities with DHHS on 1 February 2003. The application was conditionally approved on 11 March 2003. On 9 April 2003, Presbyterian filed a contested case petition in the Office of Administrative Hearings ("OAH"),…