Ex Parte State Health Planning and Dev. Agency

The central issue in these appeals is whether vendors that provide mobile lithotripsy1 equipment to hospitals are providing a "health service" requiring a "certificate of need" ("CON") under Ala. Code 1975, § 22-21-263(a)(4). The Court of Civil Appeals answered this question in the negative, holding that "the health-care facilities and HMOs [health maintenance organizations] that provide health services must seek CON review in connection with providing such a service[; however, the] sellers or vendors of equipment that health-care facilities and HMOs use in order to provide such services need…