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IN RE AULTMAN HOSP.

No. 91AP-1192.

80 Ohio App.3d 134 (1992)

In re AULTMAN HOSPITAL.

Court of Appeals of Ohio, Franklin County.

Decided May 19, 1992.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, David J. Young and Robert C. Maier, for appellant Aultman Hospital.

Lee Fisher, Attorney General, and Christopher B. McNeil, Assistant Attorney General, for appellee Certificate of Need Review Board.

Bricker & Eckler, Gretchen A. McBeath, Scott W. Taebel and James F. Flynn, for Children's Hospital Medical Center of Akron and D. Gary Benfield, M.D.

Lee Fisher, Attorney General, and Dennis G. Nealon, Assistant Attorney General, for Ohio Department of Health.

BOWMAN, Judge.

Appellant, Aultman Hospital, is an Akron hospital licensed to provide Level II perinatal care to newborn infants.1 In May 1990, appellant requested a ruling from the Ohio Department of Health ("ODH") indicating whether the implementation of Level III neonatal and obstetrical services at the hospital would be a reviewable activity under the Certificate of Need ("CON") statutes. By letter dated July 6, 1990, ODH ruled that...

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