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TOTAL RENAL CARE v. N.C. DEPT. OF HEALTH

No. COA04-1133.

615 S.E.2d 81 (2005)

TOTAL RENAL CARE OF NORTH CAROLINA, LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent, Bio-Medical Applications of North Carolina, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

July 19, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill, LLP, by William R. Shenton and Thomas R. West, Raleigh, for petitioner-appellee.

Kennedy Covington Lobdell & Hickman, LLP, by Gary S. Qualls and Colleen M. Crowley, Research Triangle Park, for respondent-intervenor-appellant.

Attorney General Roy Cooper, by Assistant Attorney General June S. Ferrell, for respondent-appellee.

ELMORE, Judge.

The North Carolina Department of Health and Human Services (NCDHHS) determined that Greene County needed ten new kidney dialysis machines. This case arises from the determination that Total Renal Care (TRC) be awarded the certificate of need over Bio-Medical Applications (BMA).

TRC and BMA, along with one other company that did not appeal, filed applications with the NCDHHS Certificate of Need Section...

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