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ASCs Say Regulators Misused Rule-Making Process to Undercut Adverse Court Ruling

By J. Todd Foster (Reporter)

Friday, September 8, 2017 | 435 | 0 | 0 min read

Ambulatory surgery centers say the North Carolina Industrial Commission misused the state’s temporary rule-making process to undercut a court decision that invalidated its ASC fee schedule. Judge Paul Ridgeway The argument was made in a brief filed Wednesday with the North Carolina Court of Appeals, which is considering the commission’s appeal of a Wake County Superior Court decision. Judge Paul Ridgeway in that case ruled that the commission violated the state’s Administrative Procedures Act (APA) by not drafting a fiscal note to explain the cost impacts o...

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