In Re Aultman Hospital

Bowman, Judge.

Appellant, Aultman Hospital, is an Akron hospital licensed to provide Level II perinatal care to newborn infants. 1 In May 1990, appellant requested a ruling from the Ohio Department of Health (“ODH”) indicating whether the implementation of Level III neonatal and obstetrical services at the hospital would be a reviewable activity under the Certificate of Need (“CON”) statutes. By letter dated July 6, 1990, ODH ruled that appellant’s delivery of Level III perinatal services would constitute a reviewable activity.

Appellant appealed ODH’s ruling of reviewability to the Ohio…