Legal Opinion

EBG Health Care III, Inc. v. Missouri Health Facilities Review Committee

Missouri Court of Appeals

Decided February 15, 2000No. WD 56314PublishedCited by 11 opinions

1Opinion of the Court

PATRICIA BRECKENRIDGE, Chief Judge.

The Missouri Health Facilities Review Committee (Committee) appeals the trial court’s judgment reversing the decision of the Administrative Hearing Commission (AHC). The AHC ruled that under § 197.317, RSMo Cum.Supp.1998,1 and the exception thereto contained in 19 CSR 60-50.400(5)(A)2D, the Committee could not issue a certificate of need to EBG Healthcare III, Inc., d/b/a Woodland Manor (EBG), which would allow EBG to transfer a portion of its licensed nursing home beds to a new facility. On appeal, EBG argues that (1) the AHC erred in finding that § 197.317…

2Cases cited8 opinions

  1. Wolff Shoe Co. v. Director of RevenueSupreme Court of Missouri · 1988
  2. Butler v. Mitchell-Hugeback, Inc.Supreme Court of Missouri · 1995
  3. Abrams v. Ohio Pacific ExpressSupreme Court of Missouri · 1991
  4. Hyde Park Housing Partnership v. Director of RevenueSupreme Court of Missouri · 1993
  5. Psychcare Management, Inc. v. Department of Social Services, Division of Medical ServicesSupreme Court of Missouri · 1998

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3Cited by11 opinions

  1. Juvenile Officer v. L.L.J.Missouri Court of Appeals · 2000
  2. Baldwin v. Director of RevenueSupreme Court of Missouri · 2001
  3. State Board of Nursing v. BerryMissouri Court of Appeals · 2000
  4. Preston v. StateMissouri Court of Appeals · 2000
  5. State Ex Rel. Noland Road Raceways, Inc. v. Board of Zoning AdjustmentMissouri Court of Appeals · 2004

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