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TOTAL RENAL CARE v. DEPT. OF HEALTH

No. COA14-1076.

776 S.E.2d 322 (2015)

TOTAL RENAL CARE OF NORTH CAROLINA, LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Certificate of Need Section, Respondent, and Bio-Medical Applications of North Carolina, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

August 18, 2015.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene , Lee M. Whitman , and Tobias S. Hampson , for petitioner-appellant.

Attorney General, Roy Cooper , by Special Deputy Attorney General, June S. Ferrell , for respondent-appellee.

Smith Moore Leatherwood LLP, Raleigh, by Marcus C. Hewitt and Elizabeth Sims Hedrick , for respondent-intervenor-appellee.

This appeal challenges the process by which the Department of Health and Human Services determines whether two certificate-of-need applications are "competitive," meaning they must be reviewed together.

The certificate of need law directs DHHS to "establish schedules for submission and review of completed applications" and...

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