Ex parte STATE HEALTH PLANNING AND DEVELOPMENT AGENCY.
(In re State Health Planning and Development Agency v. LithoMedTech of Alabama, LLC).
Ex parte Prime Lithotripter Operations, Inc., and Prime Medical Services, Inc.
(In re Prime Lithotripter Operations, Inc., and Prime Medical Services, Inc. v. LithoMedTech of Alabama, LLC, and Prime Lithotripter Operations, Inc., and Prime Medical Services, Inc., v. UroVenture, LLC, et al.)
Supreme Court of Alabama.https://leagle.com/images/logo.png
November 22, 2002.
Rehearing Denied March 14, 2003.
Attorney(s) appearing for the Case
Mark D. Wilkerson and Keith S. Miller of Brantley, Wilkerson & Bryan, P.C., Montgomery, for petitioner State Health Planning and Development Agency.
John T. Mooresmith, John C. Morrow, Cary Tynes Wahlheim, and Jennifer L.
Griffin of Burr & Forman, L.L.P., Birmingham, for petitioners Prime Lithotripter Operations, Inc., d/b/a Tennessee Valley Lithotripsy, and d/b/a Alabama Lithotripsy Services; and Prime Medical Services, Inc.
Lenora W. Pate, Kaye K. Houser, and Charles R. Driggars of Sirote & Permutt, P.C., Birmingham, for respondents UroVenture, LLC, et al.
Thomas T. Gallion III, Constance C. Walker, and Jamie A. Johnston of Haskell, Slaughter, Young & Gallion, L.L.C., Montgomery, for respondents LithoMedTech of Alabama, LLC.
Supreme Court of Alabama.
HOUSTON, Justice.
The central issue in these appeals is whether vendors that provide mobile lithotripsy1 equipment to hospitals are providing a "health service" requiring a "certificate of need" ("CON") under Ala.Code 1975, § 22-21-263(a)(4). The Court of Civil Appeals answered this question in the negative, holding that "the health-care facilities and HMOs [health maintenance organizations] that provide health services must seek...
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