The North Carolina Court of Appeals rejected AdventHealth Hendersonville’s (N.C.) challenge of regulators’ decision to award Asheville, N.C.-based Mission Health a certificate-of-need approval to develop a free-standing emergency department in Candler, Carolina Coast Online reported March 5.
Appellate judges ruled in 2024 that regulators had failed to properly follow procedures when they did not hold a public hearing before issuing the Candler ED approval to Mission Health, according to the report. The court also determined that the error did not necessarily amount to substantial prejudice against AdventHealth.
A state administrative law judge was not convinced that AdventHealth had suffered the type of prejudice that would allow for a successful CON challenge…