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BRYANLGH MEDICAL CTR. v. NEBRASKA DEPT. OF HHS

No. S-07-1016.

755 N.W.2d 807 (2008)

276 Neb. 596

BRYANLGH MEDICAL CENTER, a Nebraska nonprofit corporation, appellee and cross-appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION AND LICENSURE, an administrative agency of the State of Nebraska, and Joann Schaefer, M.D., Director of the Nebraska Department of Health and Human Services Regulation and Licensure, appellees, and Madonna Rehabilitation Hospital, a Nebraska nonprofit corporation, intervenor-appellant and cross-appellee.

Supreme Court of Nebraska.

September 19, 2008.

Attorney(s) appearing for the Case

Loel P. Brooks, of Brooks, Pansing & Brooks, P.C., L.L.O., and Steven G. Seglin and Thomas E. Jeffers, of Crosby Guenzel, L.L.P., Lincoln, for intervenor-appellant.

Kirk S. Blecha, Barbara E. Person, and John A. Sharp, of Baird Holm, L.L.P., Omaha, for appellee BryanLGH Medical Center.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

PER CURIAM.

The issue presented by the parties to this appeal involves the statutory criteria for determining whether a certificate of need is required for an increase in the number of rehabilitation beds in a health care facility. But the initial question we must decide is whether this appeal has become moot, due to an intervening change in state law and the approval of the plaintiff's application for Medicare certification of its increased number of rehabilitation...

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