WAKE RADIOLOGY v. N.C. DEP'T OF HEALTH

No. COA20-759.

866 S.E.2d 489 (2021)

2021-NCCOA-536

WAKE RADIOLOGY DIAGNOSTIC IMAGING LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Health Care Planning and Certificate of Need, Respondent, and the Bone and Joint Surgery Clinic, LLP, Respondent-Intervenor.

Court of Appeals of North Carolina.

Filed October 5, 2021.


Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, Raleigh, by Frank Kirschbaum and Charles George , for petitioner-appellant.

Attorney General Joshua H. Stein , by Assistant Attorney General Bethany A. Burgon , for respondent-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by James C. Adams, II , and Forrest W. Campbell, Jr. , for intervenor-appellee.


¶ 1 In North Carolina, health care providers cannot acquire a new MRI scanner (or most other types of medical equipment) without permission from the State in the form of a "certificate of need." In the typical scenario, State health experts would first determine that there is a need for another MRI scanner in a particular community...

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