Oktibbeha County Hosp. v. Miss. State Dep't. of Health, et al.
| Docket Number: | 2006-SA-00358-SCT Linked Case(s): 2006-SA-00358-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-17-2007 Opinion Author: Dickinson, J Holding: Affirmed |
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| Additional Case Information: |
Topic: Certificate of need - Section 41-7-191(16) - Constitutionality of statute - M.R.C.P. 24(d) - M.R.A.P. 44(a) - Hearing Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., and Randolph, J., Non Participating Judge(s): Easley and Graves, JJ. Dissenting Author : Carlson, J., Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 02-02-2006 Appealed from: Hinds County Chancery Court Judge: William H. Singletary Disposition: Motion to Strike Appellant's Supplemental Record Excerpts and Portions of the Reply Brief by the appellees is granted in part and denied in part Case Number: G-2005-2024 S/2 |
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| Note: | Motion to Strike Appellant's Supplemental Record Excerpts and Portions of the Reply Brief filed by the appellees is granted in part and denied in part. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Oktibbeha County Hospital |
Crane D. Kipp
George Quinn Evans |
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| Appellee: | Mississippi State Department of Health, Mississippi State University and Premier Radiology, P.A | Andy Lowry Allison Carter Simpson Thomas L. Kirkland Donald E. Eicher |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Certificate of need - Section 41-7-191(16) - Constitutionality of statute - M.R.C.P. 24(d) - M.R.A.P. 44(a) - Hearing |
| Summary of the Facts: | The Mississippi State Department of Health received an application for a CON from Mississippi State University and Premier Radiology, P.A., for the acquisition and offering of magnetic resonance imaging services pursuant to House Bill 1345, now codified as section 41-7-191(16). The application was suspended as the State Health Officer submitted a request for an official opinion of the Attorney General’s office regarding clarification of the scope of that statute. The Attorney General reasoned that section 41-7-191(16) was a mandate to issue the CON to Mississippi State University and did not require compliance with ordinary CON application procedures, including hearings. The Department gave public notice of its intent to act on the application. Oktibbeha County Hospital asked the Department for a hearing during the course of review of the application. The Department denied the request. The State Health Officer approved the CON application and issued the certificate to Mississippi State University and Premier Radiology, P.A. The Hospital filed a notice of appeal to the Hinds County Chancery Court. The court affirmed the final order of the Mississippi State Department of Health, and the Hospital appeals. |
| Summary of Opinion Analysis: | OCH argues that the language in section 41-7-191(16) is ambiguous and that the statute should be interpreted as allowing only the waiver of certain provisions by Mississippi State University and the private health care provider of their choice. By mandating the issuance of “any” CON in section 41-7-191(16), the Legislature preemptively ordered its issuance without the requirement that the State Department of Health “set[] forth. . . affirmative finding[s]” that “the plans, standards, and criteria prescribed” and “rules and regulations promulgated” by the State Department of Health were sufficiently satisfied. There is no language in this or any other statute which identifies conditions under which the State Department of Health may refuse to issue the certificates of need mentioned in section 41-7-191(16). Without listing a single exception or qualification, the statute clearly mandates the State Department of Health to issue the CON. The Hospital argues that section 41-7-191(16) is a clear infringement of Article 4, Section 87; Article 3, Section 14 of the Mississippi Constitution of 1890; and the Fourteenth Amendment due process clause of the United States Constitution. The Hospital did not comply with either M.R.C.P. 24(d) or M.R.A.P. 44(a) which require that the Attorney General be provided notice of a challenge to the constitutionality of a statute. To comply with these rules, a party challenging the constitutionality of a legislative enactment must serve of copy of his or her brief on the Attorney General. Supposed notice to the special assistant attorney general is not sufficient. The Hospital’s argument that the State Department of Health violated its own regulations in issuing the CON without providing for a hearing is without merit. The Legislature effectively waived all CON requirements as they relate to any endeavor entered into between Mississippi State and any public or private health care provider in the acquisition of a linear accelerator and a magnetic resonance imaging unit. |
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