Oktibbeha County Hosp. v. MISSISSIPPI DOH

956 So. 2d 207, 2007 WL 1438786
CourtMississippi Supreme Court
DecidedMay 17, 2007
Docket2006-SA-00358-SCT
StatusPublished
Cited by13 cases

This text of 956 So. 2d 207 (Oktibbeha County Hosp. v. MISSISSIPPI DOH) 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
Oktibbeha County Hosp. v. MISSISSIPPI DOH, 956 So. 2d 207, 2007 WL 1438786 (Mich. 2007).

Opinion

956 So.2d 207 (2007)

OKTIBBEHA COUNTY HOSPITAL
v.
MISSISSIPPI STATE DEPARTMENT OF HEALTH, Mississippi State University and Premier Radiology, P.A.

No. 2006-SA-00358-SCT.

Supreme Court of Mississippi.

May 17, 2007.

Crane D. Kipp, George Quinn Evans, Jackson, attorneys for appellant.

Andy Lowry, Allison Carter Simpson, Thomas L. Kirkland, Ridgeland, Donald E. Eicher, Flowood, attorneys for appellee.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. The Oktibbeha County Hospital appeals the entry of a final judgment affirming the grant of a certificate of need *208 ("CON") for a magnetic resonance imaging unit to Mississippi State University and Premier Radiology, P.A. This Court is asked to determine whether Miss.Code Ann. § 41-7-191(16)(Rev.2005) is a legislative mandate, and if so, whether such interpretation complies with certain constitutional provisions.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. On June 1, 2005, the Mississippi State Department of Health received an application for a CON from Mississippi State University and Premier Radiology, P.A., for the acquisition and offering of magnetic resonance imaging (MRI) services pursuant to House Bill 1345, now codified as Miss.Code Ann. § 41-7-191(16)(Rev.2005). The application was suspended on August 19 as the State Health Officer submitted a request for an official opinion of the Attorney General's office regarding clarification of the scope of that statute. The Attorney General responded on September 16, 2005, reasoning that § 41-7-191(16) was a mandate to issue the CON to Mississippi State University and did not require compliance with ordinary CON application procedures, including hearings. Brian W. Amy, M.D., M.H.A., M.P.H., Op. Att'y Gen. XXXX-XXXX (Sept. 16, 2005).

¶ 3. The Department gave public notice on September 26 of its intent to act on the application at its October 6, 2005, meeting. On October 4, 2005, Oktibbeha County Hospital ("OCH") asked the Department for a hearing during the course of review of the application. The Department denied the request as not well taken based on the Attorney General's opinion regarding the scope and mandate of § 41-7-191(16). The State Health Officer approved the CON application and issued the certificate to Mississippi State University and Premier Radiology, P.A., on October 6, 2005. OCH timely filed a notice of appeal to the Hinds County Chancery Court pursuant to Miss.Code Ann. § 41-7-201(2)(Rev.2005). On January 27, 2006, that court issued its opinion affirming the final order of the Mississippi State Department of Health. Aggrieved by this ruling, OCH appeals.

¶ 4. Although OCH raises numerous issues on appeal, we need address only the following three: (1) whether Miss.Code Ann. § 41-7-191(16) is a legislative mandate to the Mississippi State Department of Health to issue a CON for Mississippi State University's MRI project; (2) whether Miss.Code Ann. § 41-7-191(16) violates the Mississippi Constitution or the Constitution of the United States; and (3) whether the Department of Health violated its own regulations in issuing the CON without providing for a hearing during the course of review.

DISCUSSION

I.

¶ 5. Judicial review of a final order of the State Department of Health is controlled by Miss.Code Ann. § 41-7-201(2)(f) (Rev.2005), which provides that a reviewing court may vacate the agency's order if it finds that the final order is based on an error of law, "is not supported by substantial evidence, [or] is contrary to the manifest weight of the evidence." Singing River Hosp. Sys. v. Biloxi Reg'l Med. Ctr., 928 So.2d 810, 811-12 (Miss. 2006) (quoting St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dep't of Health, 728 So.2d 81, 83 (Miss.1998)); Miss.Code Ann. § 41-7-201(2)(f)(Rev.2005). Generally, we afford the Department of Health's decisions great deference on review, however, because the issues here pose questions of law, we conduct *209 a de novo review. Saliba v. Saliba, 753 So.2d 1095, 1098 (Miss.2000).

¶ 6. The Mississippi Legislature has defined "certificate of need" as:

a written order of the State Department of Health setting forth the affirmative finding that a proposal in prescribed application form, sufficiently satisfies the plans, standards and criteria prescribed for such service and other project by Section 41-7-171, et. seq., and by rules and regulations promulgated thereunder by the State Department of Health.

Miss.Code Ann. § 41-7-173(b)(Rev.2005).

¶ 7. At issue here is whether one such regulation promulgated by the State Department of Health requires a CON to issue or simply waives portions of the application process. In order to resolve these issues, we must look first to the text of the statute. The pertinent parts of the statute are as follows:

The State Department of Health shall issue any certificates of need necessary for Mississippi State University and a public or private health care provider to jointly acquire and operate a linear accelerator and a magnetic resonance imaging unit.
. . . .
For purposes of this subsection, the projection of need as reported in the current State Health Plan are waived.

Miss.Code Ann. § 41-7-191(16)(Rev.2005) (emphasis added).

¶ 8. OCH argues that the language in the statute is ambiguous and that the first sentence is inconsistent with the last sentence quoted above. OCH suggests using the canons of statutory construction to interpret this statute as allowing only the waiver of certain provisions by Mississippi State University and the private health care provider of their choice. First, we must determine if the statute is ambiguous.

¶ 9. Throughout Miss.Code Ann. § 41-7-191, the Legislature provided for an increase in supplemental medical services through discretionary ("may") and mandatory ("shall") clauses.[1] Discretionary sections of Miss.Code Ann. § 41-7-193(1) are to be applied by the State Department of Health; however, for mandatory provisions, like Miss.Code Ann. § 41-7-191(16), the Legislature has waived the necessity of satisfying "the specifications and criteria established by the State Department of Health"[2] by directing the issuance of a CON.

¶ 10. By mandating the issuance of "any" CON in Miss.Code Ann.

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Bluebook (online)
956 So. 2d 207, 2007 WL 1438786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oktibbeha-county-hosp-v-mississippi-doh-miss-2007.