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CHARLOTTE-MECKLENBURG HOSP. AUTHORITY v. N.C. INDUS. COM'N

No. 60PA93.

443 S.E.2d 716 (1994)

336 N.C. 200

CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, d/b/a Carolinas Medical Center; Charlotte Institute of Rehabilitation and University Hospital; Carolina Medicorp, Inc.; Forsyth Memorial Hospital, Inc.; Medical Park Hospital, Inc.; Duke Medical Center; High Point Regional Hospital, Inc.; Memorial Mission Hospital, Inc.; Moses H. Cone Memorial Hospital; and North Carolina Baptist Hospitals, Inc. v. NORTH CAROLINA INDUSTRIAL COMMISSION and James J. Booker, J. Harold Davis and J. Randolph Ward, in their official capacities as its Chairman and Members.

Supreme Court of North Carolina.

May 6, 1994.

Attorney(s) appearing for the Case

Turner Enochs & Lloyd, P.A. by Wendell H. Ott and Laurie S. Truesdell, Greensboro, and Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., Anthony H. Brett, and Dale E. Nimmo, Winston-Salem, for plaintiffs-appellees.

Michael F. Easley, Atty. Gen. by Isham B. Hudson, Jr., Sr. Deputy Atty. Gen., for defendants-appellants.

WHICHARD, Justice.

The primary question is whether adoption of a per diem reimbursement rule and concomitant repeal of the Blue Cross and Blue Shield of North Carolina rule exceeded the North Carolina Industrial Commission's statutory authority to review and approve hospital charges for services rendered to patients entitled to care under the Workers' Compensation Act, N.C.G.S. Chapter 97 (1991) ("Act"). For reasons hereinafter stated, we hold that adoption...

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