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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.
A Hendersonville hospital is asking the state Court of Appeals for permission to take part in upcoming arguments over a certificate-of-need dispute. The request follows the court’s recent decision to allow UNC Health to jump into the case.
Lawyers for UNC Health Care will explain their views about the state certificate-of-need law’s public hearing requirement on Feb. 20 at the state Appeals Court. The court issued an order Thursday giving UNC Health five minutes during oral arguments in the case Fletcher Hospital v. NC Department of Health and Human Services.