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Legal Opinion

Cape Fear Memorial Hospital v. North Carolina Department of Human Resources

Court of Appeals of North Carolina

Decided February 6, 1996No. COA95-394PublishedCited by 7 opinions

1Opinion of the Court

MARTIN, Mark D., Judge.

Petitioner Cape Fear Memorial Hospital (Cape Fear) appeals from final agency decision issued by respondent North Carolina Department of Human Resources (Department) requiring Cape Fear to obtain a certificate of need (CON) before purchasing a 13” image intensifier and a cine camera (new equipment).

On 28 March 1991 Cape Fear purchased a Siemens Angiostar (Angiostar), which can be used for cardiac catheterization procedures. Less than one year after accepting the Angiostar, Cape Fear informed the Department of its intent to purchase a 13” image intensifier and cine camera…

2Cases cited4 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1979
  2. Walker v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1990
  3. Bowers v. City of High PointSupreme Court of North Carolina · 1994
  4. Taylor Home of Charlotte Inc. v. City of CharlotteCourt of Appeals of North Carolina · 1994

3Cited by7 opinions

  1. Cumberland Cnty. Hosp. Sys., Inc. v. N.C. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2015
  2. Good Hope Hospital, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006
  3. Mission Hospitals, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2010
  4. Good Hope Health System, LLC v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006
  5. Good Hope Health System, LLC v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006

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