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IN RE TOTAL CARE, INC.

No. 8926SC245.

393 S.E.2d 338 (1990)

99 N.C. App. 517

In re Denial of Request for Declaratory Ruling by TOTAL CARE, INC. TOTAL CARE, INC., Petitioner-Plaintiff, v. DEPARTMENT OF HUMAN RESOURCES, STATE OF NORTH CAROLINA, Respondent-Defendant.

Court of Appeals of North Carolina.

July 17, 1990.

Attorney(s) appearing for the Case

Moore & Van Allen, by Julia V. Jones, Charlotte, for plaintiff-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Richard A. Hinnant, Jr., Raleigh, for defendant-appellant.

Jordan, Price, Wall, Gray & Jones by William R. Shenton and Steven Mansfield Shaber, for the North Carolina Ass'n for Home Care, Inc., Raleigh, amicus curiae.

SARAH ELIZABETH PARKER, Judge.

The sole issue presented by defendant Department of Human Resources' appeal is whether the trial court erred in concluding that a home health agency seeking to open branch offices in counties where it already provides health services to patients is not required to obtain a Certificate of Need (CON) pursuant to G.S. 131E-178 before opening such branch offices.

Plaintiff, Total Care, is a private corporation providing home health...

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