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JACKSON HMA, LLC v. STATE DEPT. OF HEALTH

Nos. 2011-IA-00196-SCT, 2011-IA-00211-SCT.

98 So.3d 980 (2012)

JACKSON HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic-Jackson Memorial Hospital v. MISSISSIPPI STATE DEPARTMENT OF HEALTH, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning. Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital.

Supreme Court of Mississippi.

Rehearing Denied October 18, 2012.

Attorney(s) appearing for the Case

Thomas L. Kirkland, Jr. , Allison Carter Simpson , Ridgeland, Andy Lowry , R. Andrew Taggart , Jamie Planck Martin , Ridgeland, Jenna L. Bailey , Edmund L. Brunini, Jr. , Jonathan R. Werne , Jackson for 2011-IA-00196-SCT AND 2011-IA-00211-SCT.

Office of the Attorney General by Harold E. Pizzetta, III , Bea M. Tolsdorf , Robert E. Fagan, Jr. , Stephanie R. Jones for 2011-IA-00196-SCT.

J. Cal Mayo, Jr. , Keyla S. McCullum , Donna Brown Jacobs , Christy D. Jones , Paul N. Davis , Mark W. Garriga , John Thomas Newsome, III , for 2011-IA-00211-SCT.

Before DICKINSON, P.J., LAMAR and KITCHENS, JJ.

LAMAR, Justice, for the Court:

¶ 1. This interlocutory appeal involves two consolidated actions in which the trial court denied competing summary judgment motions. The following issues are raised on appeal: (1) whether the Certificate of Need (CON) statutes apply to the University of Mississippi Medical Center (UMMC); if so, (2) whether the Mississippi Department of Health (MSDH) has the authority to create an exception regarding when UMMC is required to apply...

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