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IN RE PROFESSIONAL NURSES SERVICE

No. 05-246.

913 A.2d 381 (2006)

2006 VT 112

In re PROFESSIONAL NURSES SERVICE APPLICATION FOR a CERTIFICATE OF NEED.

Supreme Court of Vermont.

November 9, 2006.

Attorney(s) appearing for the Case

Philip H. White and Kathleen B. O'Neill of Wilson & White, P.C., Montpelier, and John D. Monahan, Jr. and Angela R. Clark of Dinse, Knapp & McAndrew, P.C., Burlington, for Appellants Vermont Assembly of Home Health Agencies.

William H. Sorrell, Attorney General, and Bridget C. Asay, Assistant Attorney General, Montpelier, for Appellee Department of Banking, Insurance, Securities and Health Care Administration.

Torin D. Togut, Lawrenceville, Georgia, for Appellee Professional Nurses Service, Inc.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. SKOGLUND, J.

This is an appeal by several regional home health agencies from a decision by the Commissioner of the Department of Banking, Insurance, Securities and Health Care Administration (BISHCA or Department) granting a certificate of need (CON) to Professional Nurses Service, Inc. (PNS) to provide the full range of home health care services in Vermont. The CON effectively allows PNS to seek certification as a Medicare home health agency, and to compete...

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