St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dep't of Health
| Docket Number: | 2004-SA-01239-SCT Linked Case(s): 2004-SA-01239-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 09-15-2005 Opinion Author: Easley, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Certificate of need application - Substantial evidence Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Cobb, P.J. Procedural History: Admin / Agency Judgment Nature of the Case: State Boards and Agencies |
|
| Trial Court: |
Date of Trial Judgment: 05-27-2004 Appealed from: Hinds County Chancery Court Judge: Patricia D. Wise Disposition: The Chancery Court of the First Judicial District of Hinds County heard St. Dominic’s two separate appeals and affirmed the Department’s decisions Case Number: G-2004-256 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | ST. DOMINIC-JACKSON MEMORIAL HOSPITAL |
KATHRYN RUSSELL GILCHRIST,
EDMUND L. BRUNINI, DAVID WELDON DONNELL |
||
| Appellee: | MISSISSIPPI STATE DEPARTMENT OF HEALTH AND RIVER OAKS HOSPITAL, INC. | SARAH E. BERRY, BARRY K. COCKRELL, JENNIFER CLARE EVANS |
|
|
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. |
|
| Topic: | Certificate of need application - Substantial evidence |
| Summary of the Facts: | St. Dominic-Jackson Memorial Hospital appealed the final orders of the Mississippi Department of Health granting River Oaks Hospital’s two separate applications for a certificate of need for the addition of acute care beds at its facility and a CON for renovation and expansion of its facility. The chancery court affirmed the Department’s decisions, and St. Dominic appeals. |
| Summary of Opinion Analysis: | Issue 1: Bed CON application St. Dominic argues the Department’s finding that River Oaks needed 81 additional beds was not supported by substantial evidence. There is substantial evidence in the record to support the Department’s decision to allow the addition of 81 new acute care, by reduction, to River Oak’s facility. Therefore, St. Dominic has failed to meet its burden of proving the Department erred. Moreover, since the Department weighed and considered all factors under the Mississippi State Health Plan and the Mississippi Certificate of Need Review Manual general criteria, the Department’s decision was not arbitrary or capricious, and it was supported by substantial evidence. Issue 2: Expansion CON application St. Dominic argues that there is not substantial evidence to support the expansion CON application, because the elements of criterion 1(a) were not satisfied, and the evidence used to show the need to expand and renovate was not credible or sufficient. The chancery court found that there was substantial evidence of need of expansion for the three areas, those being the Emergency Department; the Diagnostic Imaging Department, and the medical office building. The chancery court provided lengthy detailed facts to substantiate the need for these three expansions in its opinion. Further, the chancery court found that there was substantial evidence to support the MSDH’s finding that the project complied with the State Health Plan. River Oak’s CON application was supported by substantial evidence and the Department’s decision to grant the CON was not arbitrary or capricious. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
