Hope-A Women's Cancer Center, et al. v. State of N.C., et al.
NCICL Joins Lawsuit to Protect the Constitutional Rights of Physicians
Case Status
| Current Status: | Closed |
|---|---|
| Date Filed: | May 6th, 2008 |
| Last Action: | Jan 7th, 2011 |
| Court Filed In: | Wake County Superior |
Case Summary
Robert F. Orr, Executive Director and Senior Counsel, and Jason Kay, Senior Staff Attorney, have filed suit with the attorneys of Nelson, Mullins, Riley and Scarborough on behalf of two medical providers, Hope – A Women’s Cancer Center in Asheville and Raleigh Orthopaedic Clinic in Raleigh. The suit challenges the practically unlimited discretion the State Health Coordinating Council (SHCC) has in deciding who gets to offer new health care services. The SHCC produces State Medical Facilities Plan, which determines whether and where many new medical services will be offered. No substantial, objective guidance is provided to the Council in developing the Plan. More importantly, because of a series of interrelated laws, the decisions of the Council are not reviewable in any court or administrative tribunal.
As alleged by the Plaintiffs, the CON laws combine to create a system that permits a potentially self-interested body of individuals to prevent medical providers from competing with incumbent providers. In making decisions regarding what medical services will be “needed” in the coming year, members of the Council do not have to disclose -- or avoid making -- any decisions that are or may be based even in part on the profits of their employers. Since the need determinations in the Plan are not subject to challenge in court, the medical providers are stuck with the decisions of their potential competitors and are left without a forum to challenge those decisions.
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Order | 01/07/2011 | N.C. Court of Appeals | PDF 67KB |
| Decision | 12/15/2010 | N.C. Supreme Court | PDF 93KB |
| State's Response to Petition for Discretionary Review and Motion to Dismiss Notice of Appeal | 06/21/2010 | N.C. Supreme Court | PDF 1.6MB |
| Notice of Appeal and Petition for Discretionary Review | 06/08/2010 | N.C. Supreme Court | PDF 681KB |
| Opinion | 05/04/2010 | N.C. Court of Appeals | PDF 87KB |
| Plaintiffs - Appellants' Reply Brief | 01/13/2010 | N.C. Court of Appeals | PDF 366KB |
| Amici Brief 2 | 11/18/2009 | N.C. Court of Appeals | PDF 487KB |
| Amici Brief 3 | 11/18/2009 | N.C. Court of Appeals | PDF 582KB |
| Amici Brief 4 | 11/18/2009 | N.C. Court of Appeals | PDF 505KB |
| Amici Brief 5 | 11/18/2009 | N.C. Court of Appeals | PDF 594KB |
| Defendants-Appellees' Brief | 11/17/2009 | N.C. Court of Appeals | PDF 387KB |
| Amici Brief 1 | 11/17/2009 | N.C. Court of Appeals | PDF 563KB |
| Plaintiffs - Appellants' Brief | 09/16/2009 | N.C. Court of Appeals | PDF 1.2MB |
| Motion for Peremptory Setting | 07/22/2009 | N.C. Court of Appeals | PDF 2.9MB |
| Notice of Appeal | 04/17/2009 | Wake County Superior | PDF 236KB |
| Memorandum of Decision and Order | 03/26/2009 | Wake County Superior | PDF 1.2MB |
| Plaintiffs' Reply Brief in Support of Motion for Judgment on the Pleadings | 02/20/2009 | Wake County Superior | PDF 1.3MB |
| State's Reply Brief in Support of Motion to Dismiss | 02/20/2009 | Wake County Superior | PDF 274KB |
| Memo of Defendant-Intervenors in Response to Motion for Judgment on the Pleadings | 02/13/2009 | Wake County Superior | PDF 1.2MB |
| Defendants' Brief in Opposition to Motion for Judgment on the Pleadings | 02/13/2009 | Wake County Superior | PDF 388KB |
| Plaintiffs' Memo in Opposition to Motion to Dismiss | 02/13/2009 | Wake County Superior | PDF 142KB |
| Order | 01/26/2009 | Wake County Superior | PDF 317KB |
| Brief in Support of Defendants' Motion to Dismiss | 01/23/2009 | Wake County Superior | PDF 686KB |
| Plaintiffs' Memo in Support of Motion for Judgment on the Pleadings | 01/23/2009 | Wake County Superior | PDF 2.3MB |
| Reply Memo in Opposition to Defendants' Amended Motion to Disqualify | 01/21/2009 | Wake County Superior | PDF 2.5MB |
| Reply Brief in Support of Amended Motion to Disqualify | 01/21/2009 | Wake County Superior | PDF 350KB |
| Motion for Judgment on the Pleadings | 01/16/2009 | Wake County Superior | PDF 332KB |
| Plaintiffs' Memo in Opposition to Amended Motion to Disqualify | 01/16/2009 | Wake County Superior | PDF 437KB |
| Motion for Leave to File Brief as Amici Cuiae | 01/16/2009 | Wake County Superior | PDF 1.8MB |
| Joint Statement of Defendant-Intervenors in Support of Amended Motion to Disqualify | 01/16/2009 | Wake County Superior | PDF 234KB |
| Brief in Support of Amended Motion to Disqualify | 01/16/2009 | Wake County Superior | PDF 546KB |
| Motion to Dismiss and Answer to First Amended Complaint | 01/09/2009 | Wake County Superior | PDF 528KB |
| Amended Motion to Disqualify | 01/09/2009 | Wake County Superior | PDF 257KB |
| Order | 01/05/2009 | Wake County Superior | PDF 166KB |
| First Amended Complaint | 12/31/2008 | Wake County Superior | PDF 904KB |
| Motion to Disqualify | 12/18/2008 | Wake County Superior | PDF 146KB |
| Notice of Appearance | 11/14/2008 | Wake County Superior | PDF 58KB |
| 2.1 Order | 09/04/2008 | N.C. Supreme Court | PDF 30KB |
| Motion for Protective Order and Motion for Stay | 07/14/2008 | Wake County Superior | PDF 702KB |
| Motion to Dismiss | 06/06/2008 | Wake County Superior | PDF 118KB |
| Original Complaint | 05/06/2008 | Wake County Superior | PDF 5.1MB |
| *Due to size restrictions, in some cases these documents are not the original documents filed with the court. Copies of the official documents are available from the Clerk of Superior Court for Wake County. | 05/06/2008 |