Delta Reg. Med. Center v. Dept. of Health

759 So. 2d 1174, 1999 WL 1201988
CourtMississippi Supreme Court
DecidedDecember 16, 1999
Docket1998-SA-01748-SCT
StatusPublished
Cited by16 cases

This text of 759 So. 2d 1174 (Delta Reg. Med. Center v. Dept. of Health) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delta Reg. Med. Center v. Dept. of Health, 759 So. 2d 1174, 1999 WL 1201988 (Mich. 1999).

Opinion

759 So.2d 1174 (1999)

DELTA REGIONAL MEDICAL CENTER and Grenada Lake Medical Center
v.
MISSISSIPPI STATE DEPARTMENT OF HEALTH and Greenwood Leflore Hospital.

No. 1998-SA-01748-SCT.

Supreme Court of Mississippi.

December 16, 1999.
Rehearing Denied March 16, 2000.

*1175 L. Carl Hagwood, Greenville, James T. Cox, Jackson, James D. Kopernak, Kyle Leslie Holifield, Jackson, Attorneys for Appellants.

Barry K. Cockrell, Jackson, Ellen O'Neal, Attorneys for Appellees.

BEFORE PRATHER, C.J., BANKS AND McRAE, JJ.

BANKS, Justice, for the Court:

¶ 1. This matter is before the Court on appeal from a judgment of the Chancery Court of Hinds County affirming the Mississippi Department of Health's decision to grant a certificate of need to Greenwood Leflore Hospital for the establishment of cardiac catheterization and open-heart surgery services. We affirm.

I.

¶ 2. On June 2, 1997, Greenwood Leflore Hospital ("Greenwood Leflore") filed with the Mississippi Department of Health ("Department") a certificate of need ("CON") application for the establishment of cardiac catheterization and open-heart surgery services ("CC/OHS"). In its application, Greenwood Leflore requested CON approval for the establishment of both diagnostic and therapeutic cardiac catheterization services and an open-heart surgery program.

¶ 3. Greenwood Leflore is in cardiac catheterization/open-heart surgery planning area 2 ("Planning Area 2") which encompasses thirteen counties: DeSoto, Tunica, Quitman, Coahoma, Tallahatchie, Bolivar, Sunflower, Leflore, Carroll, Montgomery, Washington, Humphreys, and Holmes. According to the projected year 2000 population estimate, these thirteen counties will have a total population of 402,058. Since there are existing providers within Planning Area 2, the Department does not assess the need for additional providers on the total population of the entire planning area, but on the applicant's actual market share of the planning area's population. This is determined using patient origin and discharge data.

¶ 4. The Department's staff analyzed the patient origin data for Greenwood Leflore from the quarter ending on July 31, 1996, through the quarter ending April 31, 1997, and compiled a chart reflecting the total number of patients from each of the thirteen counties in Planning Area 2 who were treated at Greenwood Leflore and the percentage of Greenwood Leflore's total patient volume attributable to each of those counties. By eliminating those counties from which Greenwood Leflore drew less than two percent (2%) of its patient support, the staff narrowed Greenwood Leflore's primary service area to seven counties: Leflore, Carroll, Sunflower, Holmes, Tallahatchie, Montgomery, and Humphreys counties. All of these are within Planning Area 2, and 95.6% of Greenwood Leflore's patient support comes from those counties. The staff concluded that only two other providers, Delta Regional Medical Center ("Delta") located in Greenville, Mississippi, and Grenada Lake Medical Center ("Grenada Lake") located in Grenada, Mississippi, could capture a significant portion of the market in Greenwood Leflore's primary service area.

¶ 5. The staff then determined Greenwood Leflore's, Delta's and Grenada Lake's respective market shares of Planning Area 2, and, based thereon, determined the percentage of the population of Planning Area 2 attributable to each. The staff did this by determining the total number of patients from each county who *1176 sought care at Greenwood Leflore, Delta and Grenada Lake. From the total, the staff determined the percentage attributable to Greenwood Leflore, Delta and Grenada Lake, respectively. Using this method, the Department concluded that 149,968 persons, or 37.3% of the total population of Planning Area 2, were attributable to Greenwood Leflore.

¶ 6. Subsequently, the Department deemed Greenwood Leflore's application complete on July 1, 1997. A hearing was requested on the application by Delta and Grenada Lake.

¶ 7. A public hearing on the Greenwood Leflore application was conducted on November 19, 20, and 21, 1997. Grenada Lake, Delta and Greenwood Leflore, through representatives and counsel, appeared at the hearing, participated in all proceedings, and offered testimony and evidence. A complete record of the hearing was made.

¶ 8. Following the conclusion of the public hearing, the Hearing Officer reviewed all evidence and testimony presented at the hearing. On June 3, 1998, the Hearing Officer recommended approval of Greenwood Leflore's application.

¶ 9. On June 4, 1998, the State Health Officer issued his decision, in which he concurred with the recommendations of the Hearing Officer and the Department of Health's staff. The Department approved the Greenwood Leflore Hospital application.

¶ 10. Pursuant to Miss.Code Ann. § 41-7-201 (Supp.1999), Delta and Grenada Lake appealed the Department's decision to the Chancery Court of the First Judicial District of Hinds County. On September 30, 1998, the Chancellor affirmed the State Health Officer's decision granting the Certificate of Need to Greenwood Leflore Hospital.

¶ 11. Delta and Grenada Lake timely appealed from that judgment.

II.

¶ 12. This Court's standard of review for an appeal of a final order of the Mississippi State Department of Health is controlled by Miss.Code Ann. § 41-7-201(2)(f) (Supp.1999), which provides in part:

The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal ...

This is nothing more than a statutory limitation upon the scope of judicial review of administrative agency decisions, which is the arbitrary and capricious standard. Magnolia Hosp. v. Mississippi State Dep't of Health, 559 So.2d 1042, 1044 (Miss. 1990). Decisions of administrative agencies are given great deference. Melody Manor Convalescent Ctr. v. Mississippi State Dep't. of Health, 546 So.2d 972, 974 (Miss.1989). The burden of proof rests on the challenging party to prove that the Department erred. Id.

III.

¶ 13. Delta/Grenada Lake argue that the chancery court erred in concluding that Greenwood Leflore met the minimum population criterion. Specifically, Delta/Grenada Lake argue that the market sharing methodology used to determine the minimum population is irrational. Grenada Lake argues that if a rational methodology is used, then Greenwood Leflore does not meet the required 100,000 minimum population base.[1]

¶ 14. Delta and Grenada Lake argue that the point of market sharing, using this *1177 case as an example, is to determine that percentage of the total population of Planning Area 2 that will seek CC/OHS services at Greenwood Leflore. Delta and Grenada Lake assert that the Department's method is not founded in reality. Focusing on four counties, based on information from May 1996 to April 1997, Delta and Grenada Lake argue that potential patients in those counties did not use CC/ OHS services as expected by the Department.

¶ 15.

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Bluebook (online)
759 So. 2d 1174, 1999 WL 1201988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-reg-med-center-v-dept-of-health-miss-1999.