Jason Bring and Kara Silverman Secure Win in Court of Appeals Certificate of Need Case

AGG Healthcare partners Jason Bring and Kara Silverman recently prevailed in a certificate of need (“CON”) appeal before the Georgia Court of Appeals. Having prevailed in a prior trip to the Court of Appeals in the same case, the court again sided with AGG’s client, Houston Hospitals.

The case involved a freestanding emergency department proposed for Houston County. Houston Hospitals, which already operates two hospitals and several urgent care centers in the county, opposed the project. Houston Hospitals has been the leading healthcare provider for the county for decades. A hearing officer, who heard all the witnesses, ruled that the project was not needed. When the commissioner of the Department of Community Health twice attempted to reverse the hearing officer, two Superior Courts ruled that the commissioner overstepped his authority. The Court of Appeals agreed, finding that the commissioner could not reweigh evidence and substitute his preferred facts for those of the hearing officer.

To view the opinion, please click here. For more information about the case or CON matters in general, please contact Jason or Kara.