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HOSPICE v. DEPT. OF HEALTH AND HUMAN SER.

No. COA06-1204.

647 S.E.2d 651 (2007)

HOSPICE AT GREENSBORO, INC. d/b/a Hospice and Palliative Care of Greensboro and Hospice of the Piedmont, Inc., Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF FACILITY SERVICES, Licensure and Certification Section and North Carolina Department of Health and Human Services, Division of Facility Services, Certificate of Need Section Respondents, and Liberty Home Care, LLC, Respondent-Intervenor.

Court of Appeals of North Carolina.

August 7, 2007.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, LLP by K. Edward Greene, Raleigh, for Respondent-Intervenor Liberty Home Care, LLC.

Smith Moore, LLP by Maureen Demarest Murray and Susan M. Fradenburg, Greensboro, for Petitioner Hospice at Greensboro, Inc. d/b/a Hospice and Palliative Care of Greensboro's and Hospice of the Piedmont, Inc.

Attorney General Roy A. Cooper, III by Assistant Attorney General June S. Ferrell for Respondent-Appellee N.C. Dept. Of Health and Human Services.

Bode Call & Stroupe, L.L.P. by Matthew A. Fisher, Raleigh, for Amicus Community CarePartners, Inc.

Maupin Taylor, P.A. by Marcus C. Hewitt, Raleigh, for Amicus Community Home Care of Johnston County, Inc., Carrolton Home Care, Inc., and Community Home Care of Vance County, Inc.

Parker Poe Adams & Bernstein by Renee J. Montgomery, Susan L. Dunathan, and Robert A. Leandro, Raleigh, for Amicus Hospice & Palliative Care Charlotte Region d/b/a Hospice at Charlotte.

Johnston, Allison & Hord, P.A. by Patrick E. Kelly, Charlotte, for Amicus The Carolinas Center for Hospice and End of Life Care.

STROUD, Judge.

Respondent-intervenor Liberty Home Care, L.L.C. appeals from the final agency decision entered by the North Carolina Department of Health and Human Services [DHHS], Division of Facility Services [DFS] in a contested case. Petitioner Hospice at Greensboro, Inc. [HGI] contested the DHHS, DFS Certificate of Need Section's [CON Section] issuance of a "No Review" letter to Liberty, which authorized Liberty to open a hospice office in Greensboro, North Carolina...

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