Chatham County Hospital Authority & Memorial Medical Center, Inc. v. St. Joseph's Hospital, Inc.

344 S.E.2d 463, 178 Ga. App. 628, 1986 Ga. App. LEXIS 1721

• Court: Court of Appeals of Georgia
• Decided: March 21, 1986
• Docket: 71277, 71278, 71279
• Status: Published

Opinions

Deen, Presiding Judge.

These appeals involve at bottom the Cardiac Surgery Rule (CSR), which was adopted by the State Health Planning Agency (agency) pursuant to its rule-making authority. OCGA § 31-6-21 (b). The CSR provides: “Adult cardiac surgery services and pediatric cardiac catherization 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 272-2-.09 (13). We do not believe this rule requires a moratorium on considering applications for a certificate.

“The true genius of the law, whatever may be thought to the contrary, is to quibble as little as possible on words, and go directly to the substance.” Humphrey v. Copeland, 54 Ga. 543, 545 (1875). The uncluttered substance of these cases, despite almost 7,000 pages of combined appeals records, appears to be: (1) the State Health Planning Agency (agency) found the cardiac surgery rule placed no two-year moratorium upon applications but merely required a showing of need, which St. Joseph’s Hospital failed to do; (2) the State Health Planning Review Board (board) affirmed the agency’s denial of the application because it found that the cardiac surgery rule basically precluded applications for two years unless a party could convince the agency to change this particular rule, but it also advised that were there no such rule it would have reversed the agency’s finding that no need was shown; (3) the superior court agreed with the agency’s flexible interpretation of the cardiac surgery rule but with the board’s advisory finding that need had been shown, although it also held that the rule actually was inapplicable because it was not in effect at the time St. Joseph’s Hospital’s application was filed.

It appears that the cardiac surgery rule, as correctly interpreted by the agency and superior court, actually is of little consequence in these cases. The net substance of the “approved” rule is that an applicant must show need for the additional services. There seems to be no dispute that in the alternate or advisory portion of the board’s decision, which was approved by the superior court, the applicant had precisely that burden. In short, regardless of the superior court’s or board’s positions concerning the validity or applicability of any cardiac surgery rule, the fact remains that both tribunals required the applicant to show need. No sound reason exists for returning these cases to the board so that it may reconsider the matter now that it has been made aware of the rule that an applicant may be granted a certificate upon a successful showing of need, when the superior court and board in fact did what the rule required. The compliance with the dictates of the flexible cardiac surgery rule may have been inadvertent, but it was compliance nonetheless.

The record amply supports the superior court’s and the board’s finding that need for the additional services was shown. The board was the ultimate finder of fact, and the superior court and this court are bound by the any evidence rule to the board’s finding that the need existed. Accordingly, the superior court’s order directing the agency to issue the certificate, as well as its order validating the rule, are affirmed.

Judgments affirmed.

Banke, C. J., McMurray, P. J., Birdsong, P. J., and Sognier, J., concur. Carley, Pope, and Beasley, JJ., dissent. Benham, J., concurs in the judgment of the dissent only.