State Health Planning & Development Agency v. Salem Hospital

The State Health Planning & Development Agency (SHPDA) seeks review of a final order of the Certificate of Need Appeals Board (CNAB) which reversed a previous SHPDA order and approved a certificate of need for respondent Salem Hospital to construct a free-standing psychiatric care unit. ORS 442.340(5) (c); ORS 442.360.1 SHPDA had found that the hospital could provide psychiatric services of equal quality at less expense by including the facility in its Memorial Unit. We affirm CNAB.

The decisive question is whether the hospital could place the psychiatric care unit in the Memorial Unit and…