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IN RE MIDWEST EYE CTR.

No. 94APH11-1591.

104 Ohio App.3d 215 (1995)

In re MIDWEST EYE CENTER.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided May 30, 1995.

Attorney(s) appearing for the Case

Dinsmore & Shohl, Deborah R. Lydon, Frederick N. Hamilton and George H. Vincent, for appellant David M. Schneider, M.D., Inc.

Betty D. Montgomery, Attorney General, and Steven P. Dlott, Assistant Attorney General, for appellee, Ohio Department of Health.

Squire, Sanders & Dempsey, Terri-Lynne B. Smiles and Robert C. Maier, for amicus curiae, Ohio State Medical Association.

CLOSE, Judge.

This is an appeal from an order of the Certificate of Need Review Board ("CONRB"), affirming the reviewability determination of the Director of the Ohio Department of Health ("ODH"). ODH determined that certain outpatient surgery services constitute a "reviewable activity" under Ohio's Certificate of Need ("CON") laws. These services have been performed for a number of years as part of the private ophthalmology practice known as Midwest Eye Center (...

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