Queen City Nursing Center, Inc. v. Mississippi State Department of Health

80 So. 3d 73, 2011 Miss. LEXIS 575, 2011 WL 5985604
CourtMississippi Supreme Court
DecidedDecember 1, 2011
DocketNo. 2010-CC-01077-SCT
StatusPublished
Cited by35 cases

This text of 80 So. 3d 73 (Queen City Nursing Center, Inc. v. Mississippi State Department 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
Queen City Nursing Center, Inc. v. Mississippi State Department of Health, 80 So. 3d 73, 2011 Miss. LEXIS 575, 2011 WL 5985604 (Mich. 2011).

Opinion

LAMAR, Justice for the Court:

¶ 1 Meadowbrook Health and Rehab, LLC, filed an application for a certificate of need (“CON”) with the Mississippi Department of Health (“DOH”) to build a nursing home in Lauderdale County. The DOH staff recommended that the application be approved. Several surrounding nursing homes contested the application and requested a hearing. After three days of testimony, the hearing officer recommended that the application be denied. But the State Health Officer (“SHO”) disagreed and granted the CON. The contestants appealed to the Hinds County Chancery Court, which affirmed the SHO’s decision. The contestants now appeal to this Court, arguing that the SHO’s decision is arbitrary and capricious and that the CON violates the statutory moratorium on new nursing home construction. We affirm the Hinds County Chancery Court.

FACTS AND PROCEDURAL HISTORY

¶ 2 In January 2009, Meadowbrook applied to the DOH for a CON1 to construct a sixty-bed nursing home facility in Laud-[76]*76erdale County. The facility was to be a “replacement facility” for a Kemper County nursing home — Kemper Homeplace— which had contained twenty-one beds before it was closed.2 Bruce Kelly — the owner of Meadowbrook and another Laud-erdale County nursing home, Poplar Springs — also planned to relocate thirty-nine beds from Poplar Springs to Meadow-brook to fulfill the DOH’s requirement that no new nursing home facility be opened with fewer than sixty beds.3

¶ 3 The DOH staff conducted a review and in April 2009 recommended that the application be approved. Specifically, the staff review concluded that:

The project is in substantial compliance with the overall objectives as contained in the FY 2009 State Health Plan; the Mississippi Certificate of Need Review Manual, revised 2008; and all adopted rules, procedures, and plans of the Mississippi State Department of Health. The Division of Health Planning and Resource Development recommends approval of this application submitted by Meadowbrook Health and Rehab, LLC for replacement of the Kemper County Nursing Home and Relocation of 39 Nursing Facility Beds from [Poplar] Springs Nursing and Rehab to [the] Northpointe Health & Rehab[4] project in Lauderdale County.

Several surrounding Lauderdale County nursing homes — Queen City Nursing Center, Meridian Community Living Center and Golden Living Center (“contestants”) — opposed the application and timely requested a hearing, as “affected persons” under the governing statute. See Miss.Code Ann. § 41-7-197 (Rev.2009).

¶ 4 At a three-day hearing in September 2009, the designated hearing officer heard evidence presented by the DOH, Meadowbrook, and the contestants. After review, the hearing officer issued her findings, disagreeing with the DOH staff analysis and recommending that Meadow-brook’s CON application be denied. The hearing officer found that the application was “not in substantial compliance” with the relevant rules, regulations and statutes, that the DOH staff analysis was “incorrect in its findings,” and that the application should be disapproved by the SHO. But the SHO disagreed with the hearing officer and issued a final order approving Meadowbrook’s application.5 The SHO [77]*77found that the application was “in substantial compliance with the State Health Plan and General Review Criteria found in the Certifícate of Need Review Manual,” and she stated that she “eoncur[red] with and adopt[ed] the [DOH] staffs findings and recommendation.”

¶ 5. The contestants timely appealed to the Hinds County Chancery Court, which affirmed the SHO’s decision. The chancellor found that the SHO’s decision “was supported by substantial evidence, was not contrary to the manifest weight of the evidence, was not in excess of the statutory authority or jurisdiction of the [DOH], and did not violate any vested constitutional rights of any party involved in the appeal.” The contestants now appeal to this Court, arguing that:

(1) this Court should apply a heightened standard of review because the SHO merely “adopted a staff analysis” with no explanation and no separate opinion; and that this Court should grant the DOH no deference in its interpretation of the moratorium on new nursing home construction because it “farmed out” the interpretation of that law to the Attorney General’s Office;6
(2) it was arbitrary and capricious for the SHO to grant the CON when there was “no evidence that the [DOH’s] need policy was met”;
(3) it was arbitrary and capricious for the SHO to grant the CON when there was no evidence that Meadowbrook considered available alternatives, met the State Health Plan’s objectives, or proved economic viability; and
(4)the application does not fall within one of the exceptions to the moratorium on new nursing home construction enumerated by the Attorney General; or, in the alternative, the Attorney General’s interpretation of the moratorium violates the plain language of the statute.

We disagree with the contestants and find that the chancellor correctly ruled that the SHO’s decision to grant the CON was supported by substantial evidence and thus was not arbitrary and capricious. And although neither the staff analysis nor the SHO discussed the statutory moratorium on new nursing home construction,7 we find that the DOH’s interpretation of the moratorium is not “repugnant” to the plain meaning of the statute, and we agree with its interpretation.

ANALYSIS

I. The SHO’s decision that there was a need for the Meadowbrook Project was not arbitrary and capricious.

A. Standard of Review

¶ 6 Section 41-7-201(2)© of the Mississippi Code sets forth the standard of judicial review for a final order of the DOH and provides that it shall be vacated only upon an error of law, or if the order “is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction ... or violates any [78]*78vested constitutional rights of any party involved in the appeal.”8

¶ 7 “If an administrative agency’s decision is not based on substantial evidence, it necessarily follows that the decision is arbitrary and capricious.” Miss. State Dep’t of Health v. Natchez Cmty. Hosp., 743 So.2d 973, 977 (Miss.1999). “An administrative agency’s decision is arbitrary when it is not done according to reason and judgment, but depending on the will alone.” Id. “An action is capricious if done without reason, in a whimsical manner, implying either a lack of understanding of or disregard for the surrounding facts and settled controlling principles.” Id.

¶ 8 As administrative agencies are given much deference, “the burden of proof rests on the challenging party to prove that the department erred.” Greenwood Leflore Hosp. v. Miss. State Dep’t of Health, 980 So.2d 931, 934 (Miss.2008). And “the same deference due the department’s finding must also be given to the chancellor who, on appeal, affirms and adopts the department’s finding.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
80 So. 3d 73, 2011 Miss. LEXIS 575, 2011 WL 5985604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/queen-city-nursing-center-inc-v-mississippi-state-department-of-health-miss-2011.