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S.C. BAPTIST HOSPITAL v. S.C.D.H.E.C.

22669

291 S.C. 267 (1987)

353 S.E.2d 277

SOUTH CAROLINA BAPTIST HOSPITAL, Respondent v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Hospital Corporation of America, HCA South Carolina, Inc., Humana, Inc., Humedicenters, Inc., and Richland Memorial Hospital, of whom South Carolina Department of Health and Environmental Control and Richland Memorial Hospital are, Appellants.

Supreme Court of South Carolina.

Decided February 9, 1987.

Attorney(s) appearing for the Case

Gen. Counsel Walton J. McLeod, III, Asst. Gen. Counsel Jacquelyn S. Dickman, of South Carolina Department of Health and Environmental Control; and David E. Shipley, Columbia, for appellant South Carolina Department of Health and Environmental Control.

Charles E. Carpenter, Jr. of Richardson, Plowden, Grier & Howser, Columbia, for appellant Richmond Memorial Hospital.

Wayne F. Rush of Callison, Tighe, Rush, Robinson & Anastasion, Columbia, for respondent.

Roy McBee Smith of Spartanburg, amicus curiae, for South Carolina Hospital Association.

Heard Dec. 9, 1986.

Decided Feb. 9, 1987.

NESS, Chief Justice:

Richland Memorial Hospital and the South Carolina Department of Health and Environmental Control appeal an order of the circuit court which required the Department to issue certificates of need to four competing suppliers of hospital services. We reverse and remand.

Under the State Hospital Construction and Financing Act, S.C. Code Ann. Sections 44-7-110 through 460 (1985), the...

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