Legal Opinion

Hope-A Women's Cancer Center, P.A. v. North Carolina Department of Health & Human Services

Court of Appeals of North Carolina

Decided April 6, 2010No. COA08-1548PublishedCited by 4 opinions

1Opinion of the Court

BEASLEY, Judge.

Hope-A Women’s Cancer Center, PA. (Hope) appeals from a judgment, affirming a declaratory ruling by the North Carolina Department of Health and Human Services, Division of Health Service Regulation (DHHS). DHHS denied Hope’s request for a declaratory ruling that its “entry into the Services Agreement described in [its] request and its provision of diagnostic and radiation oncology services to its patients by means of that Services Agreement (the ‘project’ 1 )” would not constitute a “new institutional health service” as defined in N.C. Gen. Stat. § 131E-176(16),” but instead…

2Cases cited10 opinions

  1. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  2. Frye Regional Medical Center, Inc. v. HuntSupreme Court of North Carolina · 1999
  3. Broadwell Realty Corp. v. CobleSupreme Court of North Carolina · 1977
  4. In Re a Declaratory Ruling by the North Carolina Commissioner of Insurance Regarding 11 N.C.A.C. 12.0319Court of Appeals of North Carolina · 1999
  5. Humana Hosp. Corp. Inc. v. Dept. of Human Resources, Div. of Facility ServicesCourt of Appeals of North Carolina · 1986

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3Cited by4 opinions

  1. Parkway Urology, P.A. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2010
  2. Surgical Care Affiliates, LLC v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2014
  3. Beason v. North Carolina Department of the Secretary of StateCourt of Appeals of North Carolina · 2013
  4. Equity Solutions of the Carolinas, Inc. v. North Carolina Department of State TreasurerCourt of Appeals of North Carolina · 2014

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