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GOOD HOPE HEALTH SYSTEM v. DEPT. OF HEALTH

No. COA05-123-2.

659 S.E.2d 456 (2008)

GOOD HOPE HEALTH SYSTEM, L.L.C., Petitioner, and The Town of Lillington, Petitioner-Intervenor, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, CERTIFICATE OF NEED SECTION, Respondent, and Betsy Johnson Regional Hospital, Inc., and Amisub of North Carolina, Inc., d/b/a Central Carolina Hospital, Respondent-Intervenor.

Court of Appeals of North Carolina.

April 15, 2008.

Attorney(s) appearing for the Case

Smith Moore, LLP, by Maureen Demarest Murray, Susan M. Fradenburg, and William W. Stewart, Jr., Greensboro, for petitioner-appellant, Good Hope Health System, LLC.

Morgan, Reeves and Gilchrist, by C. Winston Gilchrist, Lillington, for petitioner-intervenor appellant, Town of Lillington.

Attorney General Roy Cooper, by Special Deputy Attorney General Melissa L. Trippe, for respondent-appellee N.C. Department of Health and Human Services, Division of Facility Services.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Kathleen A. Naggs, and Nelson Mullins Riley & Scarborough, L.L.P., by Noah H. Huffstetler, III, and Denise M. Gunter, Raleigh, for respondent-intervenor appellee Betsy Johnson Regional Hospital, Inc.

Bode Call & Stroupe, L.L.P., by Robert V. Bode and S. Todd Hemphill, Raleigh, for respondent-intervenor appellee Amisub of North Carolina, Inc. d/b/a Central Carolina Hospital.

STEELMAN, Judge.

The North Carolina Department of Health and Human Services, Division of Facility Services ("Agency") correctly treated appellant Good Hope Health System's 2003 CON application for a Certificate of Need ("CON") as one for a new institutional health service. The Agency did not err in determining that appellant had failed to meet its burden of showing compliance with the relevant statutory review criteria.

I. Factual Background

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