LAUREL M.H.S., LTD. v. PA. DEPT. OF HEALTH

Nos. 1577 C.D. 1987 and 1738 C.D. 1987.

121 Pa.Commw. 291 (1988)

550 A.2d 616

Laurel Mobile Health Services, Ltd., Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent. Aliquippa Hospital, Petitioner v. Commonwealth of Pennsylvania, Department of Health, Respondent.

Commonwealth Court of Pennsylvania.

November 25, 1988.


Attorney(s) appearing for the Case

Reed Hamilton, with him, Kathleen Herzog Larkin and Jan L. Weinstock, Blank, Rome, Comisky & McCauley, for petitioner, Laurel Mobile Health Services, Ltd.

Edward F. Shay, with him, Claire C. Obade and Stanley J. Milavec, Jr., for petitioner, Aliquippa Hospital et al.

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

Argued February 25, 1988, before Judges CRAIG, McGINLEY and SMITH, sitting as a panel of three.


OPINION BY JUDGE McGINLEY, November 25, 1988:

Laurel Mobile Health Services, Ltd., (Laurel) appeals from an Opinion and Order of the Pennsylvania Department of Health (Department) dated June 9, 1987, dismissing Laurel's appeal from a determination of the Division of Need Review (DNR) of the Department which held that Aliquippa Hospital did not require a Certificate of Need (CON) to acquire a computerized tomography scanner (CT scanner). On July 21, 1987, Aliquippa...

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