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CUMBERLAND COUNTY HOSP. v. DEPT. OF HEALTH

No. COA14-1376.

776 S.E.2d 329 (2015)

CUMBERLAND COUNTY HOSPITAL SYSTEM, INC. d/b/a Cape Fear Valley Health System and Hoke Healthcare, LLC, Petitioners, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Certificate of Need Section, Respondent, and Firsthealth of the Carolinas, Inc. d/b/a Firsthealth Moore Regional Hospital, Respondent-Intervenor.

Court of Appeals of North Carolina.

August 18, 2015.

Attorney(s) appearing for the Case

K & L Gates LLP, Morrisville, by Gary S. Qualls , Susan K. Hackney , Steven G. Pine , and Colleen M. Crowley , for petitioners-appellants.

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

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

The appeal in this case arises from a dispute over the Department of Health and Human Services' decision that a hospital was not required to obtain a new certificate of need in order to reallocate the ratio of inpatient and emergency services on a temporary basis to meet fluctuations in demand, where the hospital did not propose to...

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