HOPE-A WOMEN'S CANCER CENTER, P.A., Plaintiff-Petitioner,
v.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, Defendant-Respondent, and
Asheville Radiology Associates, P.A., the Charlotte-Mecklenburg Hospital Authority d/b/a/ Carolinas Healthcare System, AMI Sub of North Carolina, Inc. d/b/a Central Carolina Hospital, Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System, Duke University Health System, Inc., Frye Regional Medical Center, Inc., High Point Regional Health System, Hugh Chatham Memorial Hospital, Inc., North Carolina Hospital Association, Henderson County Hospital Corporation d/b/a Margaret R. Pardee Memorial Hospital, Mission Hospitals, Inc., Rex Hospital, Inc., and WakeMed, Respondent-Intervenors.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
April 6, 2010.
April 6, 2010.
Attorney(s) appearing for the Case
Nelson Mullins Riley & Scarborough LLP, by Noah H. Huffstetler, III, Denise M. Gunter, Wallace C. Hollowell, III, Raleigh, and Franklin Scott Templeton, Winston-Salem, for Petitioner-Appellant.
Attorney General Roy A. Cooper, by Assistant Attorney General June S. Ferrell, for Respondent-Appellee.
Bode, Call & Stroupe, LLP, by Robert V. Bode, Diana Evans Ricketts, and S. Todd Hemphill, Raleigh, for Respondent-Intervenor-Appellees AMI SUB of North Carolina Inc. d/b/a Central Carolina Hospital, Frye Regional Medical Center, Inc., Hugh Chatham Memorial Hospital, Inc., NCHA, Inc., d/b/a North Carolina Hospital Association.
K & L Gates LLP, by Gary S. Qualls, Colleen M. Crowley, and William W. Stewart, Jr., Morrisville, for Respondent-Intervenors-Appellees The Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Health-Care System, Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System, High Point Regional Health System, and Rex Hospital, Inc.
Smith Moore Leatherwood LLP, by Maureen Demarest Murray, Terrill Johnson Harris, and Allyson Jones Labban, Greensboro, for Respondent-Intervenor-Appellees WakeMed, Mission Hospitals, Inc., and Henderson County Hospital Corporation d/b/a Margaret R. Pardee Memorial Hospital.
Kirschbaum, Nanney, Keenan & Griffin, PA, by Frank S. Kirschbaum, Raleigh, for Respondent-Intervenor-Appellee Asheville Radiology Associates, P.A.
Catharine W. Cummer, Raleigh, for Respondent-Intervenor Appellee Duke University Health System, Inc.
Court of Appeals of North Carolina.
BEASLEY, Judge.
Hope-A Women's Cancer Center, P.A. (Hope) appeals from a judgment, affirming a declaratory ruling by the North Carolina Department of Health and Human Services, Division of Health Service Regulation (DHHS). DHHS denied Hope's request for a declaratory ruling that its "entry into the Services Agreement described in [its] request and its provision of diagnostic and radiation oncology services to its patients...
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