Newsroom - July 2014

After almost four years of evidentiary and judicial review hearings and appeals, Armando Basarrate and Ashley Hoffman secured a victory for a major healthcare system client’s hospital in the Georgia Supreme Court. The Supreme Court reversed the decisions of both the superior court and the Georgia Court of Appeals and unanimously upheld the constitutionality of a Department of Community Health rule against an opponent's challenge to the rule. The Department rule at issue provided the basis for Certificate of Need approval to establish a hospital-based outpatient surgery center. After a final agency decision granting the hospital’s Certificate of Need, an opponent brought a judicial review action, arguing that the applicable Department rule is unconstitutionally vague. The superior court struck the rule down as unconstitutional, and the Georgia Court of Appeals affirmed. By upholding the constitutionality of the Department's rule, the Supreme Court decision affirmed the Department’s Certificate of Need decision and clears the way for the client to develop its outpatient surgery center.

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Upcoming Events

2/28/2019 - Tracy Field, a healthcare partner in our Atlanta office, will be presenting "Legal and Practical Considerations in Analyzing Potential Overpayments" at the Long Term Care and the Law program for the American Health Lawyers Association in Phoenix, Arizona, on February 28 and March 1.

3/29/2019 - Tracy Field, a healthcare partner in our Atlanta office, will be presenting "Anatomy of an Overpayment Analysis for Providers" at the North Carolina Healthcare Financial Management Association's 2019 Annual Conference in Pine Hurst, North Carolina, on March 29.

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