In This Issue

Note From Ken Burgess – Shorts on Long Term Care is back from summer vacation. This month, our health law group brings you three articles on important developments potentially impacting all long term care providers. We hope you’ve had a great summer. If you need anything at all, any one of our writers are happy to help. Here’s to a happy and healthy Fall! ~Ken

The End of the Agency’s Second Bite at the Apple – It ain’t over ’til it’s over.” Since the inception of North Carolina’s Administrative Procedure Act (APA) over 30 years ago, the state’s executive branch agencies have been able to live by this famous Yogi Berra adage because, in most instances, they had the final say in cases challenging their actions or decisions.

General Assembly Regulates the Regulators – The North Carolina General Assembly’s historic 2011 session included sweeping reforms to curtail the regulatory authority
of all state agencies, including the Division of Health Service Regulation and its Licensure and Certificate of Need Sections, the Division of Medical Assistance, and other agencies directly affecting the operation of long-term care providers in our state.

No Harm, No Foul in CON Challenges – The North Carolina Court of Appeals recently issued a decision making crystal clear that in order to successfully challenge the approval of a non-competitive certificate of need application, a petitioner must show how its rights have been substantially prejudiced by the CON
approval.

Ken’s Quote of the Month
“Dreams come in a size too big so that we can grow into them.” Anonymous

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