Hti Health Services of Ms., Inc. v. State Dept. of Health

603 So. 2d 848, 1992 WL 124785
CourtMississippi Supreme Court
DecidedJune 10, 1992
Docket91-CC-0087
StatusPublished
Cited by18 cases

This text of 603 So. 2d 848 (Hti Health Services of Ms., Inc. v. State 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
Hti Health Services of Ms., Inc. v. State Dept. of Health, 603 So. 2d 848, 1992 WL 124785 (Mich. 1992).

Opinion

603 So.2d 848 (1992)

HTI HEALTH SERVICES OF MISSISSIPPI, INC. d/b/a Vicksburg Medical Center
v.
MISSISSIPPI STATE DEPARTMENT OF HEALTH and Parkview Medical Associates, L.P., d/b/a Parkview Regional Medical Center.

No. 91-CC-0087.

Supreme Court of Mississippi.

June 10, 1992.

*849 Dorian E. Turner, Edmund L. Brunini, Jr., Brunini Grantham Grower & Hewes, Jackson, for appellant.

Michael C. Moore, Atty. Gen., Stephanie L. Ganucheau, Sp. Asst. Atty. Gen., Barry K. Cockrell, Richard G. Cowart, Watkins Ludlam & Stennis, Jackson, for appellees.

En Banc.

DAN M. LEE, Presiding Justice, for the Court:

HTI Health Services of Mississippi, Inc. d/b/a Vicksburg Medical Center appeals from a decree of the Chancery Court of Warren County, Mississippi, affirming an order of the Mississippi State Department of Health (MSDH) denying the application of Vicksburg Medical Center for a certificate of need to establish adult cardiac catheterization services at Vicksburg Medical Center. MSDH denied the certificate of need application on the grounds that Vicksburg Medical Center did not comply with the 1986 State Health Plan, or, more specifically, because it did not meet the minimum population base requirement.

On appeal, we are presented with three claims which, collectively, challenge MSDH's finding that Vicksburg Medical Center failed to satisfy the minimum population base requirement of the 1986 State Health Plan. After careful review of the record and applicable law, we affirm.

I.

On October 15, 1987, Vicksburg Medical Center submitted its notice of intent to file for a certificate of need application with the Mississippi State Department of Health to establish cardiac catheterization services at Vicksburg Medical Center. On December 1, 1987, Vicksburg Medical Center filed its application. The date is significant because the application thus qualified for review *850 in the January-March 1988 review cycle under the 1986 State Health Plan.[1]

Subsequent to the Vicksburg Medical Center filing, Parkview Regional Medical Center[2] filed an application for a certificate of need to establish adult cardiac catheterization services at their hospital facility in the same city. Parkview sought comparative review of the two applications by the MSDH, which was denied, and separately appealed to the Chancery Court. Parkview, as an affected party, opposed Vicksburg Medical Center's application. It moved for, and was granted, permission to intervene as a contestant, and occupies that same status on this appeal.

Following an extensive review and analysis of the application, supporting documents and data, by the staff and personnel of the Planning and Resource Development Division of the MSDH, the staff recommended disapproval of the application to the State Health Officer (SHO). On April 28, 1988, the SHO issued formal disapproval of the Vicksburg Medical Center certificate of need application because Vicksburg Medical Center failed to meet the minimum population base criterion. Vicksburg Medical Center appealed the SHO decision to the Hinds County Chancery Court. The cause was subsequently transferred to the Warren County Chancery Court. See Miss. Code Ann. § 41-7-201(1) (Supp. 1991).

On August 15, 1990, the Warren County Chancery Court issued its opinion that the MSDH decision should be affirmed. On October 31, 1990, final judgment to this effect was entered.

Aggrieved, Vicksburg Medical Center appeals and presents the following issues:

(1) Whether MSDH acted arbitrarily and capriciously in denying Vicksburg Medical Center's application based upon an unprecedented, statistically questionable and inconsistent methodology regarding the calculation of Vicksburg Medical Center's population base?
(2) Whether the finding by MSDH that Vicksburg Medical Center did not meet the minimum required population base for the establishment of cardiac catheterization services is against the substantial weight of the evidence?
(3) Whether the methodology utilized and the subsequent finding by MSDH that Vicksburg Medical Center did not meet the minimum required population base for the certificate of need constitutes an attempt to promulgate rules and regulations outside the statutory procedure and therefore exceeds MSDH's authority?

II.

The 1986 State Health Plan was developed by the Statewide Health Coordinating Council (SHCC) after a lengthy public process. SHCC was authorized to develop and promulgate the State Health Plan, and the MSDH was authorized to administer and carry out the mandates of the State Health Plan. This 1986 Plan served as the point of reference at the time of Vicksburg Medical Center's application.

At the time of Vicksburg Medical Center's application, the State Health Plan provided, inter alia:

A population base of approximately 200,000 to 300,000 shall be required before such services may be approved and the facility proposing the service must prove that they have the referral network to ensure the caseload required. (May be interstate.)

In Dept. of Health v. S.W. Miss. Med. Ctr., 580 So.2d 1238, 1241-42 (Miss. 1991), this Court recognized the population base as a valid, independent criterion which must be met. Elsewhere, the law commands obedience at the administrative level *851 to this and other relevant provisions of the State Health Plan by rendering the State Health Officer personally liable for any additional costs to the State resulting from the issuance of the certificate of need which does not substantially comply with the Plan. Miss. Code Ann. § 41-7-193(1) (Supp. 1991); Grant Center Hospital of Mississippi, Inc. v. Health Group of Jackson, Mississippi, Inc., 528 So.2d 804, 808-10 (Miss. 1988).

III.

In reviewing decisions originating from administrative agencies, we encounter significant limits. The legislature has declared that a certificate of need decision may be subject to judicial review, but:

[S]hall 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.

Miss. Code Ann. § 41-7-201(4) (Supp. 1991).

This statute simply re-states often quoted limitations upon the scope of judicial review of administrative agency decisions which are generally to the effect that such decision should be affirmed unless arbitrary or capricious. Dept. of Health v. S.W. Miss. Med. Ctr., 580 So.2d at 1239; Magnolia Hospital v. Mississippi State Department of Health, 559 So.2d 1042, 1044 (Miss. 1990); Melody Manor Convalescent Center v. Mississippi State Department of Health, 546 So.2d 972, 974 (Miss. 1989); Grant Center Hospital of Mississippi, Inc. v. Health Group of Jackson, Mississippi, Inc., 528 So.2d at 808.

In S.W. Miss. Med. Ctr., 580 So.2d at 1239, we stated:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Robey v. Cleveland School District
138 So. 3d 230 (Court of Appeals of Mississippi, 2014)
Smith County School District v. Campbell
18 So. 3d 335 (Court of Appeals of Mississippi, 2009)
Bowden v. Lawrence County School District
948 So. 2d 487 (Court of Appeals of Mississippi, 2007)
St. Dominic-Jackson Memorial Hosp. v. HEALTH DEPT.
910 So. 2d 1077 (Mississippi Supreme Court, 2005)
Attala Bd. of Sup'rs v. Ms Dept. of Health
867 So. 2d 1019 (Mississippi Supreme Court, 2004)
Jeff Anderson Rmc v. Mississippi State Dept. of Health
798 So. 2d 1264 (Mississippi Supreme Court, 2001)
Delta Reg. Med. Center v. Dept. of Health
759 So. 2d 1174 (Mississippi Supreme Court, 1999)
Cain v. MISSISSIPPI STATE DEPT. OF HEALTH
666 So. 2d 506 (Mississippi Supreme Court, 1995)
State Tax Com'n v. Earnest
627 So. 2d 313 (Mississippi Supreme Court, 1993)
Delta Medical Center v. Greenwood Leflore Hosp.
609 So. 2d 1276 (Mississippi Supreme Court, 1992)
STATE DEPT. OF HEALTH v. Golden Triangle Regional Medical Center
603 So. 2d 854 (Mississippi Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
603 So. 2d 848, 1992 WL 124785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hti-health-services-of-ms-inc-v-state-dept-of-health-miss-1992.