(Credit: Spiroview Inc./Adobe Stock) An Old Letter Raises Legal Question of Public or Private Right
"If you get a piece of paper from the government that says you have this right ... and you do exactly what it says, I think you've vested that right," argued appellant attorney David B. Darden of Parker, Hudson, Rainer & Dobbs in Atlanta.
September 01, 2023 at 02:06 PM
6 minute read
Attorneys on either side of a contested hospital reversion are disputing whether a 1996 letter by the State Health Planning Agency "constituted or confirmed an authorization under the Certificate of Need, or CON, program to operate as a general acute care hospital," and if so, whether the authorization conferred a private or public right.
Appellant counsel for Kennestone Hospital Inc. contend the 27-year-old letter that authorized the provision of both short-term and long-term care vested a private right that cannot be impaired retroactively by current CON statutes and regulations.
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