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BIO-MEDICAL APPLICATIONS v. NC DHHS

No. COA21-318.

871 S.E.2d 555 (2022)

2022-NCCOA-199

BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA INC. d/b/a BMA of South Greensboro and Fresinius Kidney Care West Johnston, Petitioner, v. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Service Regulation, Health Care Planning & Certificate of Need Section, Respondent, and Total Renal Care of North Carolina, LLC, d/b/a Central Greensboro Dialysis and Clayton Dialysis, Respondent-Intervenor.

Court of Appeals of North Carolina.

Filed April 5, 2022.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Raleigh, by Marcus C. Hewitt and Elizabeth Sims Hedrick , for Petitioner-Appellant.

Attorney General Joshua H. Stein , by Assistant Attorney General Derek L. Hunter and Assistant Attorney General Kimberly M. Randolph , for Respondent-Appellee.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by Lee M. Whitman and J. Blakely Kiefer , for Respondent-Intervenor-Appellee.

¶ 1 Petitioner Bio-Medical Applications of North Carolina, Inc., appeals from a final decision granting summary judgment in favor of Respondent North Carolina Department of Health and Human Services and Respondent-Intervenor Total Renal Care, LLC. BMA argues that the administrative law judge erred by granting summary judgment...

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