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DIALYSIS SOLUTION, LLC v. DEPT. OF HEALTH

No. 2008-CA-02073-SCT.

31 So.3d 1204 (2010)

DIALYSIS SOLUTION, LLC v. MISSISSIPPI STATE DEPARTMENT OF HEALTH, Dr. Mary Currier, in her capacity as the Executive Director of the Department of Health; State of Mississippi and RCG-Montgomery County, LLC.

Supreme Court of Mississippi.

Rehearing Denied April 15, 2010.

Attorney(s) appearing for the Case

Bryant Wandrick Clark, Robert George Clark, III, attorneys for appellant.

Bea McCrosky Tolsdorf, Barry K. Cockrell, attorneys for appellees.

Before GRAVES, P.J., DICKINSON and CHANDLER, JJ.

GRAVES, Presiding Justice, for the Court.

¶ 1. This case requires interpretation of Section 41-7-195 of the Mississippi Health Care Certificate of Need Law of 1979. This statutory section addresses the validity and duration of a Certificate of Need (CON), which is a certificate that healthcare providers must obtain from the Mississippi State Department of Health (MSDH) prior to constructing certain healthcare facilities or offering designated health services...

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