National Health Corp. v. South Carolina Department of Health & Environmental Control

National Health Corporation (“NHC”) brings this action seeking judicial review of a final administrative decision of the South Carolina Department of Health and Environmental Control (“DHEC”). DHEC denied NHC’s application for a certificate of need (“CON”) to build a long-term care nursing facility and granted a CON to Waccamaw Health Care Center, Inc.

NHC appealed DHEC’s decision to the circuit court. In this appeal NHC made the following arguments: (1) DHEC denied NHC’s CON application because of an insufficiency of Medicaid funds to support the number of Medicaid beds NHC proposed in its…