State Health Planning Review Bd. v. Piedmont Hosp., Inc., s. 69863

Decision Date06 February 1985
Docket Number69907,Nos. 69863,s. 69863
Citation326 S.E.2d 814,173 Ga.App. 450
PartiesSTATE HEALTH PLANNING REVIEW BOARD et al. v. PIEDMONT HOSPITAL, INC. STATE HEALTH PLANNING AGENCY v. WEST PACES FERRY HOSPITAL, INC.
CourtGeorgia Court of Appeals

Michael J. Bowers, Atty. Gen., James P. Googe, Jr., Executive Asst. Atty. Gen., H. Perry Michael, First Asst. Atty. Gen., Carol A. Cosgrove, Senior Asst. Atty. Gen., Jeffrey C. Baxter, David C. Will, Asst. Attys. Gen., for appellants.

John H. Parker, Jr., Rufus T. Dorsey, Atlanta, for amici curiae.

Thomas M. Byrne, John A. Chandler, Randall L. Hughes, Kim H. Roeder, Atlanta, for appellee in No. 69863.

Stanley S. Jones, Jr., Athens, Phillip A. Bradley, Elise F. Lambrou, Atlanta, for appellee in No. 69907.

BANKE, Chief Judge.

Piedmont Hospital, Inc., and West Paces Ferry Hospital, Inc., filed separate applications to the State Health Planning Agency to obtain certificates of need to establish cardiac surgery programs. The agency denied both applications, and the hospitals appealed to the State Health Planning Review Board pursuant to OCGA § 31-6-44. The review board dismissed the appeals based on application of an agency regulation known as the "cardiac surgery rule," which provides as follows: "Cardiac Surgery. Adult cardiac surgery services and pediatric cardiac catheterization and surgical services are reasonably available and distributed in the state consistent with the need for such services. Absent major population changes, the availability and accessibility of these services fulfill the state's current requirement. This policy will be evaluated at least every two years unless the need is otherwise displayed." Rule 292-2-.09(13), Rules of State Health Planning Agency.

In each case, the dismissal by the review board was appealed to the Superior Court of Fulton County pursuant to the Administrative Procedure Act. OCGA §§ 50-13-1 et seq. In the case of Piedmont Hospital, Inc., the superior court reversed the dismissal based on a finding that the cardiac surgery rule was contrary to the State Health Plan and therefore violative of OCGA § 31-6-21. In the case of West Paces Ferry Hospital, Inc., the dismissal was reversed on the ground that the board's interpretation of the cardiac surgery rule had the effect of permitting an improper usurpation by the planning agency of the board's statutory review function. The net result of these rulings is obviously to send the two cases back to the review board for further proceedings. The cases are currently before this court pursuant to our grant of each hospital's application for discretionary appeal. Held:

In Howell v. Harden, 231 Ga. 594, 595, 203 S.E.2d 206 (1974), the Georgia Supreme Court held that the interlocutory appeal procedure set forth in former Code Ann. § 6-701(a) (currently OCGA § 5-6-34(b)) does not apply to cases arising under the Administrative Procedure Act, because that Act does not authorize appellate court review of...

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7 cases
  • St. Joseph's Hosp. v. HOSP. AUTHORITY OF AMERICA
    • United States
    • U.S. District Court — Southern District of Georgia
    • July 18, 1985
    ...of Appeals. Id. That court, however, recently dismissed those appeals on jurisdictional grounds. State Health Planning Review Board v. Piedmont Hospital, 173 Ga.App. 450, 326 S.E.2d 814 (1985). Upon plaintiff's complaint, the Chatham County Superior Court addressed the application of the Ne......
  • Ne. Ga. Med. Ctr. Inc v. Winder Hma Inc.Ga. Dep't Of Cmty. Health
    • United States
    • Georgia Court of Appeals
    • September 7, 2010
    ...such ruling is not appealable.” (Citation omitted.) Southern Bell, 254 Ga. at 247, 327 S.E.2d 726; StateHealth Planning Review Bd. v. Piedmont Hosp., 173 Ga.App. 450, 326 S.E.2d 814 (1985). Nevertheless, not all remand orders are interlocutory. Ga. Public Svc. Comm. v. Campaign for a Prospe......
  • St. Joseph's Hosp., Inc. v. Hospital Corp. of America
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • August 5, 1986
    ...Rule was being challenged. Those appeals were ultimately dismissed on jurisdictional grounds. State Health Planning Review Board v. Piedmont Hospital, 173 Ga.App. 450, 326 S.E.2d 814 (1985). Following the decision in which the stay was lifted St. Joseph's filed a complaint and petition for ......
  • Chatham County Hosp. Authority v. St. Joseph's Hosp., Inc.
    • United States
    • Georgia Court of Appeals
    • March 21, 1986
    ...County cases involving the CSR were dismissed by the Court of Appeals for lack of jurisdiction (see State Health Planning Review Bd. v. Piedmont Hosp., 173 Ga.App. 450, 326 S.E.2d 814 (1985)), and the superior court took note of The court examined the CSR, the history of its making pursuant......
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1 books & journal articles
  • Administrative Law - Mark H. Cohen and David C. Will
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 51-1, September 1999
    • Invalid date
    ...See, e.g., Howell v. Harden, 231 Ga. 594, 595, 203 S.E.2d 206, 207 (1974); State Health Planning Review Bd. v. Piedmont Hosp., Inc., 173 Ga. App. 450, 451, 326 S.E.2d 814, 815 (1985). 124. See, e.g., Tri-State Bldg. Supply, Inc. v. Reid, 251 Ga. 38, 39, 302 S.E.2d 566, 568 (1983). 125. 229 ......

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