Kathlynn "Kathy" Butler Polvino of Health Law Strategists. Courtesy photo 'That's Where I'm Struggling': Court of Appeals Weighs Administrative Deference in Medical Center Permit Dispute
"Peach County never had a Certificate of Need case presented to them beforehand, and yet that judge is trying to decide whether to look at what the hearing officer said was dispositive," the appellants argued.
April 24, 2024 at 06:37 PM
6 minute read
What You Need to Know
- Coliseum Medical Center has been at the center of a chain of back-and-forth issuances and revocations since it received a certificate of need to build an emergency department in central Georgia.
- The hospitals protesting and appealing the certificate award argue that the freestanding emergency department will have a significant negative impact on their revenue and ability to stay open.
- However, the appeal at hand concerns whether a commissioner or a hearing officer holds more weight in ruling on if the emergency department can stay.
The Georgia Court of Appeals grappled with the definition of "reasonableness" under a competent and substantial evidence standard of review when asked to reconsider a Department of Community Health hearing officer's overturn of a freestanding emergency department building permit during oral argument on Tuesday.
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