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AMISUB OF S.C., INC. v. HEALTH & ENVTL. CONTROL DEPT.

No. 27257.

403 S.C. 576 (2013)

743 S.E.2d 786

AMISUB OF SOUTH CAROLINA, INC., d/b/a Piedmont Medical Center, Respondent, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System; and Carolinas Physicians Network, Inc., Defendants, of whom South Carolina Department of Health and Environmental Control is the Petitioner, and Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System; and Carolinas Physicians Network, Inc. are Respondents.

Supreme Court of South Carolina.

Decided May 29, 2013.

Attorney(s) appearing for the Case

Ashley Caroline Biggers , of Columbia, for Petitioner.

Travis Dayhuff , of Nelson Mullins Riley & Scarborough, of Columbia; James Grant Long, III , Tanya Amber Gee , Jennifer Joan Hollingsworth , and Edward Houseal Bender , all of Nexsen Pruet, of Columbia, for Respondents.

Chief Justice TOAL.

This matter began as a contested case in the administrative law court (ALC) brought by Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center (Piedmont), a hospital in Rock Hill, South Carolina. The dispute arises out of Piedmont's contention that an urgent care center operated by a competitor, Carolinas Physicians Network, Inc. (CPN), was required to have a Certificate of Need (CON) or a Non-Applicability Determination (NAD) from the South...

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