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LAURELS OF BON AIR v. MEDICAL FACILITIES

Record No. 1085-07-2.

659 S.E.2d 561 (2008)

51 Va. App. 583

The LAURELS OF BON AIR, LLC, d/b/a the Laurels of Bon Air, Oak Healthcare Investors of Richmond, Virginia, Inc., d/b/a the Laurels of Willow Creek, Forest Hill Convalescent Center, L.P., d/b/a Ruxton Health and Rehabilitation Center of Westover Hills, Ruxton Health Care V, LLC, d/b/a Ruxton Health Care of Stratford Hills, and Westport Operations, LLC, d/b/a Westport Health Care Center v. MEDICAL FACILITIES OF AMERICA LIV LIMITED Partnership, d/b/a Beaufont Healthcare Center, Maple Leaf of Hanover County Health Care, Inc., d/b/a Hanover Healthcare Center, and Virginia Department of health.

Court of Appeals of Virginia, Richmond.

April 22, 2008.

Attorney(s) appearing for the Case

W. Benjamin Pace (Martin A. Donlan, Jr.; Samuel T. Towell; Williams Mullen, on briefs), for appellants.

D. Patrick Lacy, Jr. (H. Lane Kneedler; Kevin R. McNally; Reed Smith LLP, on brief), for appellees Medical Facilities of America LIV Limited Partnership and Maple Leaf of Hanover County Health Care, Inc.

Matthew M. Cobb, Assistant Attorney General (Robert F. McDonnell, Attorney General; David E. Johnson, Deputy Attorney General; Jane D. Hickey, Senior Assistant Attorney General, on brief), for appellee Virginia Department of Health.

Present: FRANK and KELSEY, JJ., and COLEMAN, S.J.

KELSEY, Judge.

The appellants in this case, five nursing homes, claim the Virginia Department of Health should not have granted a request by a competitor to relocate hospital beds from one of its facilities to two others pursuant to 2005 Va. Acts ch. 99 (House Bill 2316), the uncodified predecessor of Code § 32.1-102.3:5.1 The appellants argue the Department unlawfully refused to recognize their "good cause" standing to participate...

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