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January 31, 2019

Noah Huffstetler Discusses State's ‘Rare’ CON Denials

Triangle Business Journal

The North Carolina Department of Health and Human Services recently denied the individual requests by UNC Health Care, Duke University Health System, and WakeMed Health and Hospitals to build multiple ambulatory surgical centers in Wake County, the need for which is outlined in the state’s 2018 Medical Facilities Plan. The agency, however, did approve two applications for smaller centers, leaving four needed operating rooms on the table. Professionals with experience in the healthcare system predict the competing providers will pursue legal action.

Raleigh partner Noah Huffstetler told the Triangle Business Journal that in his career working on certificate of need applications, this kind of decision is a rarity.

“It’s not unprecedented in the state,” he said. “But it is unusual not to award all the operating rooms in the plan.”

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