Brattleboro Memorial Hospital v. Department of Banking

Plaintiff Brattleboro Memorial Hospital (“the Hospital”) appeals a final determination of the Department of Banking, Insurance, Securities and Health Care Administration (“BISHCA”) asserting Certificate of Need (“CON”) jurisdiction over the Hospital’s mobile magnetic resonance imaging (“MRI”) service. The Hospital argues that the relevant jurisdictional definition of “new institutional health service” does not allow BISHCA to require a certificate of need unless: (1) the service has not been offered through the hospital on a regular basis in the previous twelve months and (2) the annual…