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HEALTH SYSTEMS AGENCY v. STROUBE

Record No. 2669-04-4.

623 S.E.2d 444 (2005)

47 Va. App. 299

HEALTH SYSTEMS AGENCY OF NORTHERN VIRGINIA, INC. v. Robert B. STROUBE, M.D., M.P.H., State Health Commissioner, Northern Virginia Community Hospital, L.L.C., Loudoun Hospital Center, and Inova Health Care Services d/b/a Inova Fair Oaks Hospital.

Court of Appeals of Virginia, Richmond.

December 28, 2005.

Attorney(s) appearing for the Case

K. Stewart Evans, Jr. (Pepper Hamilton LLP, on brief), Washington, DC, for appellant.

Matthew M. Cobb, Assistant Attorney General (Judith Williams Jagdmann, Attorney General; David E. Johnson, Deputy Attorney General; Jane D. Hickey, Senior Assistant Attorney General, on brief), for appellee Robert B. Stroube, M.D., M.P.H., State Health Commissioner.

Jeannie A. Adams (Thomas F. Hancock, III; Hancock, Daniel, Johnson & Nagle, P.C., on brief), Glen Allen, for appellee Northern Virginia Community Hospital, L.L.C.

(Virginia H. Hackney; Mark S. Hedberg; W. Taylor Reveley, IV, Richmond; Woodrow W. Turner, Jr., Leesburg; Hunton & Williams, LLP, on brief), for appellee Loudoun Hospital Center. Appellee Loudoun Hospital Center submitting on brief.

No brief or argument for appellee Inova Health Care Services, d/b/a Inova Fair Oaks Hospital.

Present: FITZPATRICK, C.J., and BENTON and BUMGARDNER, JJ.

BENTON, Judge.

The trial judge ruled that Health Systems Agency of Northern Virginia, a regional health planning agency that was a party to an administrative proceeding under Article 1.1 of Title 32.1, did not have standing to appeal the State Health Commissioner's decision approving a hospital's application for a certificate of public need. Health Systems Agency contends the trial judge erred in dismissing its petition for appeal. We affirm the trial judge's standing...

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