SURGICAL CARE AFFILIATES v. THE AGENCY

No. COA13-1322.

762 S.E.2d 468 (2014)

SURGICAL CARE AFFILIATES, LLC and Blue Ridge Day Surgery Center, L.P., Petitioners, v. N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, CERTIFICATE OF NEED SECTION, Respondent, and Wakemed, Respondent-Intervenor.

Court of Appeals of North Carolina.

August 19, 2014.


Attorney(s) appearing for the Case

Nexsen Pruet, PLLC, Raleigh, by Frank S. Kirschbaum , Robert A. Hamill , and Rachael Lewis Anna , for Petitioners.

Attorney General Roy Cooper , by Special Deputy Attorney General June S. Ferrell , for Respondent.

Smith Moore Leatherwood LLP, Greensboro, by Maureen Demarest Murray , Terrill Johnson Harris , and Carrie A. Hanger for Respondent-Intervenor.


STEPHENS, Judge.

Background

This case involves the proposed relocation of two specialty ambulatory operating rooms from Southern Eye Ophthalmic Surgery Center ("Southern Eye")1 to the WakeMed health care system's Raleigh Campus, where the operating rooms would be used as "shared operating rooms" for inpatients and outpatients. WakeMed is a nonprofit corporation that owns and operates multiple health care facilities in...

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