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CUMBERLAND CTY. HOSP. v. NC DEPT. OF HEALTH

No. COA14-160.

764 S.E.2d 491 (2014)

CUMBERLAND COUNTY HOSPITAL SYSTEM, INC. d/b/a Cape Fear Valley Health System, Petitioner, v. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Certificate of Need Section, Respondent, and FirstHealth of the Carolinas, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

November 4, 2014.

Attorney(s) appearing for the Case

K & L Gates LLP, Morrisville, by Gary S. Qualls , Susan K. Hackney and Steven G. Pine for petitioner-appellant.

Nelson Mullins Riley & Scarborough LLP, by Noah H. Huffstetler, III , Raleigh, Denise M. Gunter , Winston-Salem, and Candace S. Friel , Winston-Salem, for respondent/intervenor-appellee FirstHealth.

Attorney General Roy Cooper , by Special Deputy Attorney General June S. Ferrell and Assistant Attorney General Scott T. Stroud for respondent-appellee DHHS.

STEELMAN, Judge.

N.C. Gen.Stat. § 131E-188(a) does not prevent an administrative law judge from entering summary judgment in a contested case challenging a CON decision. Summary judgment was properly entered for respondents because petitioner failed to demonstrate that approval of the CON substantially prejudiced its rights.

I. Factual and Procedural Background

Respondent-intervenor FirstHealth of the Carolinas, Inc. d/b/a FirstHealth...

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