Legal Opinion

Cumberland Cnty. Hosp. Sys., Inc. v. N.C. Dep't of Health & Human Servs.

Court of Appeals of North Carolina

Decided August 18, 2015No. COA14–1376PublishedCited by 11 opinions

1Opinion of the Court

INMAN, Judge.

*525The appeal in this case arises from a dispute over the Department of Health and Human Services' decision that a hospital was not required to obtain a new certificate of need in order to reallocate the ratio of inpatient and emergency services on a temporary basis to meet fluctuations in demand, where the hospital did not propose to increase or decrease its facility, equipment, or expenditures. We hold that, based on the record before us, a new certificate of need was not necessary because the hospital did not add a new institutional health service, change the scope of services…

2Cases cited26 opinions

  1. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  2. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  3. Good Hope Hospital, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2005
  4. Diaz v. Division of Social ServicesSupreme Court of North Carolina · 2006
  5. Simeon v. HardinSupreme Court of North Carolina · 1994

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3Cited by11 opinions

  1. Anderson v. N.C. State Bd. of ElectionsCourt of Appeals of North Carolina · 2016
  2. McVicker v. Bogue Sound Yacht Club, Inc.Court of Appeals of North Carolina · 2017
  3. Raleigh Radiology LLC v. N.C. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2019
  4. Alexander v. NC State Bd. of ElectionsCourt of Appeals of North Carolina · 2022
  5. Alexander v. NC State Bd. of ElectionsCourt of Appeals of North Carolina · 2022

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