Friday's Internet Edition, May 09, 2008.
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The injunction was sought to force Novant to hold up its end of an agreement the parties entered into July 3, 2006 that, according to court documents, is that if either party files a Certificate of Need (CON) application for new facilities, if that CON is non-competitive with that of the other party, neither side will be allowed to challenge or oppose the other CON.
The other party must, upon request, submit a letter to the state indicating that no objection will be filed.
Both sides filed CON applications in September 2007.
Wake Forest University Baptist Medical Center sought to build an 81-bed hospital just off NC 801 at I-40 at Hillsdale. That facility would have included three operating rooms, an emergency room, procedure rooms, imaging services, and four labor and delivery rooms.
Novant’s plan for an exit away on I-40 in Clemmons included 50 beds, five operating rooms, an emergency room and imaging services.
The state determined the applications to be competitive and denied both.
Both sides filed appeals March 14. The law requires a decision regarding the appeals within nine months, but that court decision, and subsequent ones, can be appealed, going to the Supreme Court if necessary.
In addition to the March 14 appeal, NCBH filed two new CON applications, but has since pulled one of those. The remaining application is for a 50-bed facility with two operating rooms and no labor and delivery services, although they have said they remain committed to providing that service in Davie County.
Novant did not file another application.
Based on the court documents, NCBH contends the newest CON is ... subscribe to the Davie County Enterprise Record, P.O. Box 99, Mocksville, N.C. 27028.