Mercy Medical Center, Inc. v. Office of Health Policy

Petitioner seeks judicial review of two orders of the Office of Health Policy (OHP). OHP challenges our jurisdiction. Because we conclude that the controversy below is not a “contested case” within the meaning of ORS 183.310(2), Patton v. St. Bd. Higher Ed., 293 Or 363, 647 P2d 931 (1982), we dismiss the petition for lack of jurisdiction.

Petitioner operates a hospital that provides magnetic resonance imaging (MRI) services in the Roseburg area. It obtained a certificate of need to acquire that equipment in 1987. Douglas Community Hospital (Douglas) is a competitor of petitioner. Douglas…