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HCA HEALTH SERVICES v. ROACH

S95A0089, S95A0126.

265 Ga. 501 (1995)

HCA HEALTH SERVICES OF GEORGIA, INC. v. ROACH et al. HCA HEALTH SERVICES OF GEORGIA, INC. v. STATE HEALTH PLANNING AGENCY.

Supreme Court of Georgia.

Reconsiderations Denied June 30, 1995.

Attorney(s) appearing for the Case

Phears & Moldovan, H. Wayne Phears, Victor L. Moldovan, Richard E. Harris, for appellant.

Michael J. Bowers, Attorney General, Dennis R. Dunn, Senior Assistant Attorney General, William W. Calhoun, Assistant Attorney General, Nelson, Mullins, Riley & Scarborough, Stanley S. Jones, Jr., Jennifer D. Malinovsky, for appellees.

CARLEY, Justice.

In 1986, the State Health Planning Agency (SHPA) "grandfathered" a health care facility into the Certificate of Need (CON) program and, in 1992, a proposal by Surgical Healthcare Corporation (SHC) to relocate the facility within three miles of its existing location was determined by SHPA to be exempt from CON requirements. HCA Health Services (HCA), as a competitor of SHC, challenged both of SHPA's decisions by filing separate petitions for judicial...

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