Georgia Court of Appeals Clarifies Requirements for Obtaining an Exception to Certificate of Need Standards

On October 8, 2008, the Georgia Court of Appeals issued an opinion denying a certificate of need (“CON”) for a proposed orthopedic surgery center. In 2005, Hughston Surgical Institute, LLC applied to the Georgia Department of Community Health for a CON to develop an orthopedic ambulatory surgery center in Columbus, Georgia. Charles L. Gregory and Jason E. Bring of Arnall Golden Gregory LLP represented an existing ambulatory surgery center, The Surgery Center, LLC, in challenging the application.

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