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MERCY HEALTH CENTER v. IOWA STATE DEPT.

No. 83-1366.

356 N.W.2d 200 (1984)

MERCY HEALTH CENTER, A DIVISION OF the SISTERS OF MERCY HEALTH CORPORATION, Appellee, v. IOWA STATE DEPARTMENT OF HEALTH and Tri-State Convalescent Center, Inc., d/b/a Americana Health Care Center of Dubuque, Iowa, Appellants.

Supreme Court of Iowa.

October 17, 1984.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Maureen McGuire, Asst. Atty. Gen., for appellant Department.

Edwin N. McIntosh of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for appellant Americana.

Alfred E. Hughes of Hughes, Trannel & Jacobs, Dubuque, and Margaret A. Shannon of Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for appellee.

Considered by UHLENHOPP, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

UHLENHOPP, Justice.

This appeal involves a statute relating to certificates of need found in sections 135.61 and following of the Iowa Code of 1983. See Iowa State Dep't of Health v. Hertko, 282 N.W.2d 744 (Iowa 1979).

Section 135.63(1) of the Code provides in pertinent part:

A new institutional health service or changed institutional health service shall not be offered or developed in this state without...

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