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STATE HEALTH PLANNING REVIEW BOARD v. PIEDMONT HOSPITAL INC.

69863, 69907.

173 Ga. App. 450 (1985)

326 S.E.2d 814

STATE HEALTH PLANNING REVIEW BOARD et al. v. PIEDMONT HOSPITAL, INC. STATE HEALTH PLANNING AGENCY v. WEST PACES FERRY HOSPITAL, INC.

Court of Appeals of Georgia.

Decided February 6, 1985.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, James P. Googe, Jr., Executive Assistant Attorney General, H. Perry Michael, First Assistant Attorney General, Carol A. Cosgrove, Senior Assistant Attorney General, Jeffrey C. Baxter, David C. Will, Assistant Attorneys General, for appellants.

Thomas M. Byrne, John A. Chandler, Randall L. Hughes, Kim H. Roeder, for appellee (case no 69863).

Stanley S. Jones, Jr., Phillip A. Bradley, Elise F. Lambrou, for appellee (case no. 69907).

John H. Parker, Jr., Rufus T. Dorsey, amici curiae.

BANKE, Chief Judge.

Piedmont Hospital, Inc., and West Paces Ferry Hospital, Inc., filed separate applications to the State Health Planning Agency to obtain certificates of need to establish cardiac surgery programs. The agency denied both applications, and the hospitals appealed to the State Health Planning Review Board pursuant to OCGA § 31-6-44. The review board dismissed the appeals based on application of an agency regulation known as the "cardiac surgery...

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