APPEAL OF N.E. HEART INST.

No. 97-586.

144 N.H. 546 (1999)

APPEAL OF THE NEW ENGLAND HEART INSTITUTE AND MAINE MEDICAL CENTER (New Hampshire Health Services Planning and Review Board)

Supreme Court of New Hampshire.

December 29, 1999.


Attorney(s) appearing for the Case

Sheehan Phinney Bass & Green, P.A., of Manchester (William J. Donovan on the brief and orally), for the petitioners.

Orr & Reno, P.A., of Concord (John A. Malmberg & a. on the brief, and Mr. Malmberg orally), for respondent Portsmouth Regional Hospital.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Eugene M. Van Loan III on the brief and orally), for respondent Concord Hospital.


PER CURIAM.

The petitioners, New England Heart Institute (NEHI) and Maine Medical Center, appeal the decision of the health services planning and review board (board) granting certificates of need (CONs) to the respondents, Portsmouth Regional Hospital and Concord Hospital, to allow new cardiac surgery programs. The petitioners contend that the board erred in issuing the CONs because: (1) the regulations for cardiac surgery are legally deficient; (2) the board failed...

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