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TOTAL RENAL CARE OF N.C. LLC v. DEPT. OF HEALTH AND HUMAN SERVICES

No. COA07-1479.

673 S.E.2d 137 (2009)

TOTAL RENAL CARE OF NORTH CAROLINA LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION (Formerly Division of Facility Services), CERTIFICATE OF NEED SECTION, Respondent, and Bio-Medical Applications of North Carolina, Inc., d/b/a Fresenius Medical Care Of Saint Pauls & Nephro Rentals, LLC, Respondents-Intervenors.

Court of Appeals of North Carolina.

February 17, 2009.

Attorney(s) appearing for the Case

Poyner & Spruill LLP, by William R. Shenton, Thomas R. West, Pamela A. Scott, and Wilson Hayman, Raleigh, for Petitioner-Appellant.

Attorney General Roy Cooper, by Assistant Attorney General June S. Ferrell, for Respondent-Appellee.

Thomas & Brooks, PLLC, by Joy Heath Thomas, Raleigh, for Respondents-Intervenors-Appellees.

STEPHENS, Judge.

Pursuant to the powers conferred upon it by the North Carolina Constitution, the General Assembly has enacted legislation which requires a person or entity seeking to "offer or develop a new institutional health service" to first apply for and obtain a Certificate of Need ("CON") from the Department of Health and Human Services, Division of Health Service Regulation, Certificate of Need Section ("DHHS"). N.C. Gen.Stat. §§ 131E-175 to -192...

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