Burke Health Investors, L.L.C. v. N.C. Department of Human Resources

MARTIN, Judge.

Petitioner-appellant Burke Health Investors, L.L.C., (“Burke”) appeals from a final decision of the North Carolina Department of Health and Human Services (formerly Department of Human Resources) (“the Department”) to issue a Certificate of Need to respondent-intervenor-appellee Carolina Health Care Center, L.L.C., (“Carolina”) for ninety nursing facility beds in Burke County.

The 1997 State Medical Facilities Plan established a need for ninety nursing facility beds in Burke County. Ten applicants, including Burke and Carolina, filed competing applications with the Department’s…