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eBook details

• Title: Roanoke Memorial Hospitals v. Kenley
• Author : Supreme Court of Wyoming
• Release Date : January 06, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Lewis-Gale Hospital, Inc. (Lewis-Gale) is a large, 406 bed acute care general hospital located in Salem, Virginia. Pursuant to Code ?? 32.1-102.1 et seq., it applied to the Commissioner of Health for a Certificate of Need (CON) to construct a radiation therapy suite adjacent to the main hospital and to purchase the equipment necessary to initiate radiation therapy services. The application was referred by the Commissioner to those bodies required by law to review such application. Code ? 32.1-102.6. The Southwest Virginia Health Systems Agency Board (SWVHSA) recommended denial of the application, contending that its health systems area already had excess capacity for such services and that the approval would introduce substantial, unnecessary and inefficient capacity into the health care system. The staff of the Department of Health reviewed the application and also recommended its denial. Lewis-Gale was then afforded the opportunity to demonstrate at an informal fact-finding conference held pursuant to Code ? 9-6.14:11 that its application was consistent with the State Health Plan and the State Medical Facilities Plan. Following the conference, the hearing officer reported her findings to the Commissioner, and concluded that Lewis-Gale had demonstrated that a need existed for the radiation therapy services. The Commissioner approved this recommendation, found that a need existed for the additional services requested by Lewis-Gale, and determined that the CON should issue. Roanoke Memorial objected to the Commissioners decision and appealed the decision to the Circuit Court of the City of Salem, which sustained the Commissioners ruling. The judgment of the circuit court is now before us on appeal.

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