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CHARTER H., BKS. CO. v. DEPT. OF HEALTH

No. 343 Miscellaneous Docket No. 4.

111 Pa.Commw. 576 (1987)

534 A.2d 1125

Charter Hospital of Bucks County, Pennsylvania, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

December 11, 1987.

Attorney(s) appearing for the Case

Richard L. Shackelford, with him, Susan T. Gelder, King & Spalding, and Ruth M. Siegel, Post & Schell, P.C., for petitioner.

Darius G. C. Moss, Assistant Counsel, for respondent.

Argued September 15, 1987, before Judges CRAIG and MacPHAIL, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 11, 1987:

Charter Hospital of Bucks County, Pennsylvania, Inc. appeals an order of the State Health Facility Hearing Board upholding the Department of Health's determination that three psychiatric hospitals, proposed to be developed by Charter, were subject to certificate-of-need review. Charter requested determinations of non-reviewability from the department on December 8, 1986. On December 22, 1986, the department replied that under...

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