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FAIRFAX SURGICAL CENTER v. HEALTH COM'R

Record No. 0388-90-4.

405 S.E.2d 430 (1991)

FAIRFAX SURGICAL CENTER, INC. v. STATE HEALTH COMMISSIONER.

Court of Appeals of Virginia.

June 4, 1991.

Attorney(s) appearing for the Case

Thomas W. McCandlish (Steven D. Gravely, Julie P. Schrank, Mezzullo & McCandlish, on briefs), Richmond, for appellant.

Carol S. Nance, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Roger L. Chaffee, Sr. Asst. Atty. Gen., on brief), for appellee.

Before COLEMAN, KEENAN and MOON, JJ.

MOON, Judge.

Fairfax Surgical Center (FSC) appeals the decision of the Circuit Court of Arlington County upholding the State Health Commissioner's (Commissioner) determination that FSC must obtain a certificate of public need (COPN) before constructing an additional outpatient operating room. The issue on appeal is whether the addition of an operating room to the outpatient facility constitutes a significant change under the COPN statutes. Under the circumstances...

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