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WAUSAU HOSPITALS, INC. v. H&SS DEPARTMENT

Nos. 78-793, 79-847.

95 Wis.2d 601 (1980)

291 N.W.2d 602

WAUSAU HOSPITALS, INC., Ellet Drake, M.D., Julio C. Davila, M.D., and A. Ward Ford Memorial Institute, Inc., Respondents, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES of the State of Wisconsin, Appellant. STATE of Wisconsin and Department of Health & Social Services, Appellants, v. WAUSAU HOSPITALS, INC., Respondent.

Court of Appeals of Wisconsin.

Decided March 18, 1980.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Robert W. Larsen, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondents there was a brief by Tinkham, Smith, Bliss, Patterson, Richards & Hessert and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., of Wausau, and oral argument by John E. Bliss. [Case No. 78-793.]

For the respondent there was a brief by Tinkham, Smith, Bliss, Patterson, Richards & Hessert, and oral argument by John E. Bliss, all of Wausau. [Case No. 79-847.]

Before Donlin, P.J., Foley, J., and Dean, J.

DONLIN, P.J.

The Wisconsin Department of Health and Social Services issued a declaratory ruling that Wausau Hospitals was required to obtain a certificate of need under subchapter II of ch. 150, Stats.,1 before resuming elective open heart surgery. The Hospital sought judicial review of this ruling. The circuit court determined that subchapter III of ch. 150, specialized hospital services program...

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