Parkway Urology, P.A. v. North Carolina Department of Health & Human Services

CALABRIA, Judge.

Parkway Urology, P.A. d/b/a Cary Urology, P.A. (“Cary”), Wake Radiology Oncology Services (“WROS”) and Rex Hospital, Inc. (“Rex”) (collectively “petitioners”) appeal the Final Agency Decision of the North Carolina Department of Health and Human Services, Division of Health Service Regulation (“NCDHHS”), awarding a certificate of need (“CON”) to Cancer Centers of North Carolina, P.C. 1 (“CCNC”) and AOR Management Company of Virginia, LLC (“AOR”) to purchase a new linear accelerator (“LINAC”). We affirm.

I. Background

Governor Michael F. Easley inserted into the 2007 North…