Legal Opinion

Jackson HMA, LLC v. Mississippi State Department of Health

Mississippi Supreme Court

Decided June 14, 2012No. Nos. 2011-IA-00196-SCT, 2011-IA-00211-SCTPublishedCited by 1 opinion

1Opinion of the Court

LAMAR, Justice,

for the Court:

¶ 1. This interlocutory appeal involves two consolidated actions in which the trial court denied competing summary judgment motions. The following issues are raised on appeal: (1) whether the Certificate of Need (CON) statutes apply to the University of Mississippi Medical Center (UMMC); if so, (2) whether the Mississippi Department of Health (MSDH) has the authority to create an exception regarding when UMMC is required to apply for a CON; and (3) if MSDH does not have that authority, whether the application of the CON statutes to UMMC is unconstitutional, as…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. McDerment v. Mississippi Real Estate Com'nMississippi Supreme Court · 1999
  3. Mozingo v. ScharfMississippi Supreme Court · 2002
  4. MISSISSIPPI PSC v. Miss. Power & LightMississippi Supreme Court · 1991
  5. Buffington v. Mississippi State Tax CommissionMississippi Supreme Court · 2010

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3Cited by1 opinion

  1. Canon v. Board of Trustees of State Institutions of Higher LearningDistrict Court, S.D. Mississippi · 2015

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