Lahey Clinic Foundation, Inc. v. Health Facilities Appeals Board

In 1972 the Department of Public Health (department) granted a "determination of need” (DoN) to the Lahey Clinic Foundation, Inc. (Lahey), for a 200 bed hospital-clinic complex in Burlington. In December, 1976, the department issued an "extension of determination of need,” approving increases in gross square feet and in cost. A ten taxpayer group called the Concerned Committee for Hospital Cost Control (Concerned Committee) and the Health Facilities Appeals Board (board) contend that the "extension” was in substance a grant of a new DoN, subject to review by the board. A judge of the Superior…