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WEST CTY. CARE CTR., INC. v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE

No. WD 40948.

773 S.W.2d 474 (1989)

WEST COUNTY CARE CENTER, INC., Appellant, v. MISSOURI HEALTH FACILITIES REVIEW COMMITTEE, Respondent, Health Services Management Corporation on Behalf of the Lakes of Big Bend Health Care Center, Valley Park, Missouri, Intervenor.

Missouri Court of Appeals, Western District, En Banc.

June 27, 1989.

Attorney(s) appearing for the Case

Harvey M. Tettlebaum, Jefferson City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Simon Bolivar Buckner, IV, Asst. Atty. Gen., Kansas City, for respondent.

Jerry Wayne Venters, Jefferson City, for intervenor.

Before KENNEDY, C.J., and SHANGLER, TURNAGE, CLARK, MANFORD, NUGENT, LOWENSTEIN, BERREY, GAITAN, FENNER and ULRICH, JJ.

SHANGLER, Judge.

Health Services Management Corporation made application to the Missouri Health Facilities Review Committee for a certificate of need for a new intermediate care facility. The law prescribes that the Review Committee act to approve or deny a certificate of need application within 130 days of the presentation of application. § 197.330.1(5), RSMo Supp.1987. The neglect to issue decision within that period constitutes approval and final administrative...

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