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Administrative – Hospital CON – Constitutional – Dormant Commerce Clause

While the proper application of Project Review Criteria 16(c), 22 and 23(a) may have the effect of protecting competing providers who already have a presence in the service area, this serves the purposes of the Certificate of Need Act to ensure the quality of care in health facilities, “guide the establishment of health facilities and services [that] will best serve public needs,” and promote cost containment. S.C. Code Ann. § 44-7-120. Thus, the Administrative Law Court’s thoughtful application of these criteria did not needlessly obstruct interstate trade in violation of the Dormant Commerce Clause.

We affirm the ALC’s amended final order requiring respondent to issue a certificate of need to respondent.

Amisub of South Carolina, Inc. v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 011-059-18, 21 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (S. Phillip Lenski, ALJ) On remand from the Supreme Court. Douglas Muller, Trudy Hartzog Robertson, and E. Brandon Gaskins for Appellant; Stuart Andrews Jr., Daniel Westbrook, Ashley Caroline Biggers and Vito Michael Wicevic for respondents. S.C. App.


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