Liberty Dialysis-Hawaii, LLC v. Rainbow Dialysis, LLC.

Opinion of the Court by

RECKTENWALD, C.J.

This appeal requires us to consider whether the Department of Health’s general administrative rules concerning disqualification apply to State Health Planning & Development Agency (SHPDA) committees that are established to reconsider the agency’s approval of a Certificate of Need. Briefly stated, SHPDA granted Rainbow Dialysis, LLC a conditional Certificate of Need to establish two outpatient dialysis facilities at Kaiser Foundation Health Plan, Inc., facilities on Maui. Another Maui dialysis provider, Liberty Dialysis-Hawaii, LLC, sought…