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PINNACLE HEALTH SERVICES v. NC DHHS

No. COA22-1042.

892 S.E.2d 500 (2023)

PINNACLE HEALTH SERVICES OF NORTH CAROLINA LLC, d/b/a Cardinal Points Imaging of the Carolinas Wake Forest and Outpatient Imaging Affiliates LLC, Petitioner, v. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Health Services Regulation, Health Care Planning & Certificate of Need Section, Respondent, and Duke University Health System Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

Filed September 19, 2023.

Attorney(s) appearing for the Case

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, by Matthew A. Fisher , for respondent-intervenor-appellant.

Attorney General Joshua H Stein , by Kimberly Randolph , Assistant Attorney General, for respondent-appellant.

Fox Rothschild LLP, Raleigh, by Marcus C. Hewitt , for petitioner-appellee.

North Carolina Department of Health and Human Services and Duke University Healthcare Systems Inc. (collectively "Respondents") appeal from the Final Decision of the Administrative Law Judge ("ALJ"). After careful review, we affirm.

I. Factual and Procedural Background

Petitioners...

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