Judge recommends denial of disputed ASC in Alabama

A state judge has recommended that a USA Health ASC in Fairhope, Ala., be denied due to certificate-of-need criteria, Gulf Coast News Today reported May 12.

Alabama Administrative Law Judge James Hampton ruled on May 7 that the ASC would be a benefit to the area's economy and healthcare, but that it did not meet the criteria required to grant the CON.

USA Health CEO Owen Bailey said the 25,000-square-foot ASC is "needed" and would improve healthcare in the region. 

Mobile, Ala.-based Infirmary Health has been trying to stop USA Health from building the facility since October. 

Mark Nix, president and CEO of Infirmary Health, supported the ruling in a statement that read, "Thomas Hospital appreciates the administrative law judge's recognition that there are already more than sufficient outpatient surgery centers available within a short distance of the proposed new facility."

USA Health also plans to build a 50,000-square foot office building on the site, which will not be affected by the ruling, Gulf Coast News Today said.

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