Alaska Spine Institute Surgery Center, LLC v. State, Department of Health & Social Services

Order Dismissing Appeal

1. South Anchorage Ambulatory Surgery Center (South Anchorage) 1 applied for a certificate of need (CON) to build a health care facility. It successfully obtained a CON from the State of Alaska by order of the superior court. Alaska Spine, a potential competitor to the proposed ambulatory surgery center, requested an evidentiary hearing to dispute the issuance of the CON from the State, which was denied. Alaska Spine appealed to the superior court. South Anchorage and the State moved to dismiss the appeal. The superior court granted the motions to dismiss, and Alaska…