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Alabama Appeals Court Overturns Ruling for New Surgery Center

10/31/2008

MOBILE, Ala. — The Alabama Court of Civil Appeals has overturned a lower court ruling that would have allowed Infirmary Health System to relocate one of its ambulatory surgery centers to south Baldwin County without first going through a state review.

According to the Mobile (Ala.) Press-Register, the appeals court determined that Infirmary must first appear before the Certificate of Need Review Board, reversing a Montgomery County Circuit Court ruling in April.

Civil Appeals Judge Tommy Bryan wrote that relocation constitutes the construction or establishment of a new health care facility under Alabama law and puts the issue under the jurisdiction of the State Health Planning and Development Agency.


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