Premier Health Care Investments, Llcv.Uhs Of Anchor, L.P.
Premier Health Care Investments challenged a Department of Community Health rule requiring a certificate of need before an existing psychiatric or substance-abuse program could add beds. The Georgia Supreme Court reversed. The court held that the Department could not use the rule to require a new certificate when a licensed facility already had authorization for a psychiatric program and the facility’s total beds remained within its broader certificate. The rule exceeded the Department’s statutory rulemaking authority to the extent it imposed that additional requirement and was invalid. The court therefore reversed the Court of Appeals. A separate concurrence questioned whether it was necessary to address the constitutional non-delegation issue after resolving the dispute through statutory interpretation.
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