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HCA HEALTH SERVICES OF GEORGIA, INC. v. ROACH

Nos. S95A0089, S95A0126.

458 S.E.2d 118 (1995)

265 Ga. 501

HCA HEALTH SERVICES OF GEORGIA, INC. v. ROACH et al. HCA HEALTH SERVICES OF GEORGIA, INC. v. STATE HEALTH PLANNING AGENCY.

Supreme Court of Georgia.

Reconsideration Denied June 30, 1995.

Attorney(s) appearing for the Case

H. Wayne Phears, Victor L. Moldovan, Richard E. Harris, Phears & Moldovan, Norcross, for HCA Health Services of Ga., Inc.

Stanley S. Jones, Jr., Jennifer D. Malinovsky, Nelson, Mullins, Riley & Scarborough, Michael J. Bowers, Atty. Gen., William W. Calhoun, Asst. Atty. Gen., Atlanta, for Roach et al. and State Health Planning Agency.

CARLEY, Justice.

In 1986, the State Health Planning Agency (SHPA) "grandfathered" a health care facility into the Certificate of Need (CON) program and, in 1992, a proposal by Surgical Healthcare Corporation (SHC) to relocate the facility within three miles of its existing location was determined by SHPA to be exempt from CON requirements. HCA Health Services (HCA), as a competitor of SHC, challenged both of SHPA's decisions by filing separate petitions for judicial...

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