CourtListener 9506761•St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v. Stonewall Jackson Memorial Hospital Company and West Virginia Health Care Authority, (Judge Lorensen dissenting)
St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v. Stonewall Jackson Memorial Hospital Company and West Virginia Health Care Authority, (Judge Lorensen dissenting)
CourtListener 9506761Wvactapp23 mag 2024
Testo completo
No. 23-ICA-265 – St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v.
Stonewall Jackson Memorial Hospital Company and the West Virginia Health Care
Authority FILED
May 23, 2024
released at 3:00 p.m.
ASHLEY N. DEEM, DEPUTY CLERK
INTERMEDIATE COURT OF APPEALS
LORENSEN, J., dissenting: OF WEST VIRGINIA
I respectfully dissent from the majority opinion because I believe this Court
lacks appellate jurisdiction to review an Authority reviewability decision.1 St. Joseph’s
asks this Court to reverse the Authority’s July 12, 2023, Amended Decision, declining to
require Stonewall to submit a proposed relocation of its hospital to the Authority’s
certificate of need review process. When St. Joseph’s appealed the Authority’s decision to
us, Stonewall timely challenged our jurisdiction.
West Virginia Code § 51-11-4 (2022) is the primary statute setting forth the
general scope of our Court’s jurisdiction. The statute flatly states that “[t]he Intermediate
Court of Appeals has no original jurisdiction.” Id. at § 51-11-4(a). Without any original
jurisdiction, this Court sits exclusively as a court of appeal with limited jurisdiction over
certain matters.
A request for a ruling on reviewability asks the Authority to “determine whether a
1
proposed health service is subject to the certificate of need or exemption process.” W. Va.
Code § 16-2D-7 (2016).
1
Our appellate jurisdiction to review an appeal of the Authority’s decision at
issue is derived, if at all, from West Virginia Code § 16-2D-16a(a)(2) (2021) which
provides that: “An appeal of a final decision in a certificate of need review… shall be made
to the West Virginia Intermediate Court of Appeals….” (Emphasis added).2 This
jurisdictional statute limits our appellate review concerning Authority decisions to final
decisions arising from a certificate of need review.3 Authority reviewability determinations
are distinct and separate from Authority certificate of need review decisions following an
extensive proceeding whereby the Authority evaluates and passes upon an application for
a certificate of need. The Authority’s Amended Decision only addressed the issue of
reviewability. The appeal before us does not arise from a final decision in a certificate of
need review.
2
Immediately prior to the creation of this Court, appeals of Authority decisions were
initially heard by the Office of Judges pursuant to West Virginia Code § 16-2D-16. The
Legislature had amended this statute restricting the appeal of Authority decisions to “the
authority’s final decision in a certificate of need review.” Compare W. Va. Code § 16-2D-
16(a) (2016) (“The authority's final decision shall upon request of an affected person be
reviewed by the Office of Judges.”) with W. Va. Code § 16-2D-16(a) (2017) (“An applicant
or an affected person may appeal the authority's final decision in a certificate of need
review to the Office of Judges.”). Accordingly, the statutory text that once permitted
administrative review of “the authority’s final decision” was purposefully changed by the
Legislature in 2017 to allow only appeals of final decisions in a “certificate of need review”
which does not in my opinion include reviewability determinations.
3
“The general rule of statutory construction requires that a specific statute be given
precedence over a general statute relating to the same subject matter[.]” Robinson v. City
of Bluefield, 234 W. Va. 209, 214, 764 S.E.2d 740, 745 (2014) (quoting Syl. Pt. 1, UMWA
by Trumka v. Kingdon, 174 W. Va. 330, 325 S.E.2d 120 (1984)).
2
By concluding that Stonewall’s proposed relocation was not subject to
certificate of need process, observing its long-standing past practice, the Authority declined
to undertake the extensive review. The Petitioner asks this Court to compel the Authority
to subject Stonewall’s proposed relocation to a rigorous regulatory process that the
Legislature in 2023 significantly circumscribed. Whether the law imposes a duty upon the
Authority to act contrary to its past practice regarding prior relocation matters is simply
not an appropriate question for this Court. The relief St. Joseph’s seeks sounds in
mandamus, an extraordinary writ, over which this Court expressly has no jurisdiction. See
W. Va. Code § 51-11-4(d)(10) (2022).4
For these reasons, I respectfully dissent.
4
See also W. Va. Code § 51-1-3 (1915) (“The Supreme Court of Appeals shall have
original jurisdiction in cases of habeas corpus, mandamus and prohibition.”).
3
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