North Carolina Justices to Set Standard for Challenging Hospital Permits
The North Carolina Supreme Court will hear two AdventHealth challenges to certificates of need awarded to Mission Health, including approval for a freestanding emergency department in Candler. A state appeals court found regulators failed to hold a required public hearing on the Candler project but concluded the procedural error did not, by itself, establish substantial prejudice to AdventHealth; lower courts subsequently ruled against the health system. AdventHealth is asking the justices to clarify what challengers must prove in disputes over noncompetitive certificate-of-need reviews and whether affected providers can meaningfully contest such awards. The court’s review follows a 2025 ruling that set a substantial-prejudice standard for challenges to decisions made through competitive reviews.






