Legal Opinion
KENNESTONE HOSPITAL, INC D/B/A WELLSTAR KENNESTONE HOSPITAL v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH
Court of Appeals of Georgia
Decided June 1, 2018No. A18A0211PublishedCited by 5 opinions
1Opinion of the Court
Ellington, Presiding Judge.
Kennestone Hospital, Inc. ("Wellstar Kennestone") and Wellstar Cobb Hospital Cancer Center, LLC ("Wellstar Cobb") (collectively, "Wellstar") appeal from the order of the Superior Court of Cobb County affirming the Georgia Department of Community Health's ("DCH") grant of a certificate of need ("CON") to Piedmont Hospital, Inc. d/b/a Piedmont Atlanta Hospital ("Piedmont") for establishment of a radiation therapy service in Cobb County. We affirm for the reasons set forth below.
The CON program, which is administered by DCH, "establishes a system of mandatory review…
2Cases cited6 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
- Dept. of Community Health v. Satilla Health Services, Inc.Court of Appeals of Georgia · 2004
- Hughes v. ReynoldsSupreme Court of Georgia · 1967
- ASMC, LLC v. Northside Hosp., Inc.Court of Appeals of Georgia · 2018
- Charter Medical-Fayette County, Inc. v. Health Planning Agency, Inc.Court of Appeals of Georgia · 1986
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3Cited by5 opinions
- AU MEDICAL CENTER, INC. v. GEORGIA DEPARTMENT OF COMMUNITY HEALTHCourt of Appeals of Georgia · 2022
- COBB HOSPITAL, INC. D/B/A WELLSTAR COBB HOSPITAL v. GEORGIA DEPARTMENT OF COMMUNITY HEALTHCourt of Appeals of Georgia · 2019
- GEORGIA DEPARTMENT OF COMMUNITY HEALTH v. FLOYD HEALTHCARE MANAGEMENT, INC. D/B/A FLOYD MEDICAL CENTERCourt of Appeals of Georgia · 2022
- Georgia Department of Community Health v. Houston Hospitals, Inc.Court of Appeals of Georgia · 2022
- VANTAGE CANCER CENTERS OF GEORGIA LLC v. GEORGIA DEPARTMENT OF COMMUNITY HEALTHCourt of Appeals of Georgia · 2022