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APPLICATION OF ASSURECARE OF VERMONT

No. 96-320.

686 A.2d 959 (1996)

In re Application of ASSURECARE OF VERMONT, INC.

Supreme Court of Vermont.

November 1, 1996.

Attorney(s) appearing for the Case

Leslie C. Pratt, Montpelier, for plaintiff-appellant

Margaret H. O'Donnell, Montpelier, for amicus curiae Department of Banking, Insurance, Securities and Health Care Administration

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

ALLEN, Chief Justice.

AssureCare of Vermont, Inc. (AssureCare) sought to operate in Vermont as a health maintenance organization (HMO) and applied for a certificate of need (CON) under 18 V.S.A. § 9434. The Vermont Health Care Authority (the Authority) denied the application. AssureCare appeals, claiming that the Authority: (1) invented a new criterion for CON qualification, contrary to statutory limitations; (2) erred by requiring that the proposed service be...

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