ALACARE HOME HEALTH SERVS., INC. v. BAPTIST HOSP. OF GADSDEN, INC.

AV92000673.

655 So.2d 995 (1994)

ALACARE HOME HEALTH SERVICES, INC. v. BAPTIST HOSPITAL OF GADSDEN, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied June 17, 1994.

Certiorari Denied February 3, 1995.


Attorney(s) appearing for the Case

Nanette Sims and J. Rushton McClees, Birmingham, for appellant.

Justice D. Smyth III of Robison & Belser P.A., Montgomery, for appellee.


Alabama Supreme Court 1931343.

THIGPEN, Judge.

This case involves competing applications for a certificate of need (CON).

Baptist Hospital of Gadsden (Baptist) and Alacare Home Health Services (Alacare) each applied to the State Health Planning Agency (SHPA) for a CON for authority to establish and operate home health services in the same service area. Only one application could be approved. Initially, the SHPA CON Review Board (Board) approved Baptist...

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