Dialysis Solutions, LLC v. Miss. State Dep't of Health, et al.
| Docket Number: | 2011-SA-01041-SCT Linked Case(s): 2011-TS-01041 ; 2011-SA-01041-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-21-2012 Opinion Author: Justice Randolph Holding: Dismissed |
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| Additional Case Information: |
Topic: Certificate of need - Appellate jurisdiction - Constitutionality of section 41-7-201 - Section 41-7-173(b) - Section 41-7-197(2) Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Lamar, Pierce and King, JJ. Concur in Part, Concur in Result 1: Kitchens, J. Concur in Part, Concur in Result Joined By 1: Waller, C.J., Carlson, P.J., and Chandler, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-30-2011 Appealed from: Mississippi State Department of Health Judge: MARY CURRIER - EXECUTIVE DIRECTOR, MISSISSIPPI STATE DEPARTMENT OF HEALTH, STATE HEALTH OFFICER Disposition: Disapproved Appellant's application for a CON. |
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| Note: | Motion to Supplement Record filed by Dialysis Solutions, LLC, is dismissed as moot. Motion to Approve Bond Amount filed by Dialysis Solutions, LLC, is dismissed as moot. See majority opinion of this Court at footnote 6. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dialysis Solutions, LLC |
BRYANT WANDRICK CLARK
ROBERT G. CLARK, III |
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| Appellee: | Mississippi State Department of Health; Mary Currier, in Her Official Capacity as the Executive Director of the Department, State Health Officer and RCG-Montgomery County, LLC | OFFICE OF THE ATTORNEY GENERAL: BEATRYCE MCCROSKY TOLSDORF BARRY K. COCKRELL | ||
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 - Appellate jurisdiction - Constitutionality of section 41-7-201 - Section 41-7-173(b) - Section 41-7-197(2) |
| Summary of the Facts: | Dialysis Solutions, LLC filed a completed certificate of need application regarding its proposed capital expenditure of $179,000 to establish a six-station, end-stage renal dialysis facility in Montgomery County. The Mississippi State Department of Health staff recommended disapproval of Dialysis Solutions’ application. RCG-Montgomery County, LLC filed a “Request for Public Hearing During the Course of Review” as an “affected person” who opposed the project. After a hearing, the hearing officer recommended denial of Dialysis Solutions’ application for failure “to substantially comply with the applicable Specific Criteria and General Goals in the State Health Plan, as well as with all applicable General Considerations in the CON Review Manual.” Mississippi State Health Officer Mary Currier filed a “Decision of Intent” regarding Dialysis Solutions’ certificate of need application, disapproving the application for a CON. Dialysis Solutions filed notice of appeal and a “Petition to Appeal [MDH] Certificate of Need Decision” in the Supreme Court. The Court entered an order on its own motion, seeking briefing from the parties and the Attorney General regarding whether Section 41-7-201, as amended, “is constitutional under Mississippi Constitution article 6, section 146 and whether this Court has appellate jurisdiction over this direct appeal from a decision of the [MDH].” |
| Summary of Opinion Analysis: | The Legislature is without power to confer upon courts jurisdiction that is not given or authorized to be given them by the Constitution, and the Legislature can impose no duties on the judiciary but such as are of a judicial character. Under the Mississippi Constitution, the Legislature has “plenary power” over appellate jurisdiction. The question then becomes whether a final order of the Mississippi State Health Officer constitutes a judicial decision rendered by a tribunal clothed with judicial power. If not, then section 41-7-201, as amended, is unconstitutional because it impermissibly confers original jurisdiction upon the Supreme Court. Based on the definition of a certificate of need in section 41-7-173(b), a certificate of need is akin to a permit to provide health-care services, and its procurement is not necessarily adversarial. Based upon section 41-7-197(2), the “Final Order” of the State Health Officer involves the application of the law to a state of facts proved, or admitted to be true, and a declaration of the consequences which follow. Thus, MDH does exercise some “quasi-judicial” function. Furthermore, based upon either the pre- or post-amendment versions of section 41-7-201, there is no doubt that a final order of the MDH is subject to review. However, the nature of a certificate of need proceeding is permit-like and often nonadversarial. In such proceedings, the hearing officer is not necessarily independent, but acts as a quasi-advocate for MDH, ensuring that the evidence presented satisfies MDH’s policies as prescribed by its plans, standards and criteria. Thereafter, the hearing officer does not issue an enforceable order, but only a recommendation to the agency head, the State Health Officer. Ultimately, the final order of MDH is issued by the State Health Officer, an individual not statutorily required to be an attorney. Because of these distinguishing factors, MDH lacks the indicia to be considered a tribunal of the character from which the Legislature is authorized to grant appeals direct to the Supreme Court. Thus, section 41-7-201, as amended, violates the Constitution. |
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