Oklahoma Department of Health v. Medi-Plex Nursing Centers, Inc.

OPINION

HANSEN, Judge:

The Long-term Care Certificate of Need Act (Act), 63 O.S.1991 § 1-850 et. seq., sets out the requirements for the issuance of certificates of need by the State Department of Health (Department) for construction of nursing homes in the State of Oklahoma. No long-term care facility shall be developed or offered unless Department has issued the certificate. 63 O.S.1991 § 1-851.3. Sections 1-852 and 1-853 of the Act set out the findings that must be made by Department before it issues the certificate. Applications for new or expanded facilities are treated differently than…