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FUHS v. GILBERTSON

No. S-12258.

186 P.3d 551 (2008)

Paul N. FUHS; and Alaskans for Medical Choice and Competition, Appellants, v. Joel GILBERTSON, in his official capacity as Commissioner, Department of Health and Social Services, State of Alaska; and Sisters of Providence in Washington, Corp., Appellees.

Supreme Court of Alaska.

June 13, 2008.

Attorney(s) appearing for the Case

Robert J. Gunther, Law Office of Robert J. Gunther, Anchorage, and Mark S. Bledsoe, Law Offices of Mark S. Bledsoe, Anchorage, for Appellants.

Stacie L. Kraly, Assistant Attorney General, and Craig J. Tillery, Acting Attorney General, Juneau, for Appellees State of Alaska and Joel Gilbertson.

Peter J. Maassen, Ingaldson, Maassen & Fitzgerald, P.C., Anchorage, and Peter Gruenstein, Gruenstein & Hickey, Anchorage, for Appellee Providence Alaska Medical Center.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Providence Alaska Medical Center applied to the Alaska Department of Health and Social Services (DHSS) for a certificate of need (CON) to build an open-bore MRI facility, and then-Commissioner Joel Gilbertson granted the certificate. Paul Fuhs filed an accusation requesting a hearing before DHSS to challenge issuance of the CON. When Gilbertson denied the request based on his conclusion...

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