DEPT. OF HEALTH v. S.W. MISS. MED. CTR.

No. 89-CA-1337.

580 So.2d 1238 (1991)

MISSISSIPPI StATE DEPARTMENT OF HEALTH v. SOUTHWEST MISSISSIPPI REGIONAL MEDICAL CENTER.

Supreme Court of Mississippi.

May 3, 1991.


Attorney(s) appearing for the Case

Mike C. Moore, Atty. Gen., Stephanie L. Ganucheau, Sp. Asst. Atty. Gen., Jackson, for appellant.

Barry K. Cockrell, Richard G. Cowart, Watkins Ludlam & Stennis, Jackson, Robert W. Brumfield, Brumfield & Austin, McComb, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and McRAE, JJ.


ROBERTSON, Justice, for the Court:

I.

This is another health services licensing dispute. At issue is whether the State Health Officer (SHO) acted arbitrarily and capriciously when he denied the applicant's request for a Certificate of Need (CON) to offer cardiac catheterization services in Southwest Mississippi. The SHO denied the CON on grounds of an inadequate population base in the area the applicant serves. The Chancery Court held the SHO's action impermissible...

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