Wausau Hospitals, Inc. v. Department of Health & Social Services of Wisconsin

The Wisconsin Department of Health and Social Services issued a declaratory ruling that Wausau Hospitals was required to obtain a certificate *604of need under subchapter II of ch. 150, Stats.,1 before resuming elective open heart surgery. The Hospital sought judicial review of this ruling. The circuit court determined that subchapter III of ch. 150, specialized hospital services program,2 was applicable and that the Hospital’s cardiac surgery program was deemed certified.3 Therefore, the court concluded, a certificate of need was not required in order for the Hospital to resume elective open…