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A hospital involved in a certificate-of-need legal dispute is asking the full North Carolina Court of Appeals to rehear a case involving a proposed emergency department in Buncombe County. But a competitor and the state Department of Health and Human Services want the court to publish its original decision.
Mission Health is urging North Carolina’s second-highest court to publish a recent decision in a certificate-of-need dispute. Publication would give the decision authority as a legal precedent.
The outcome of a legal dispute over a new hospital emergency department in Buncombe County could depend on a state law requiring a public hearing. The state Appeals Court will decide in the months ahead whether the absence of a public hearing jeopardizes the certificate of need for a new Mission Health emergency department in Candler.