Queen City Nursing Center, Inc. v. Mississippi State Dept. of Health
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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 appealed to the Supreme Court, arguing that the SHO's decision was arbitrary and capricious and that the CON violates the statutory moratorium on new nursing home construction. Upon review, the Supreme Court affirmed the decisions of the SHO and chancery court.
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