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Novant Health Unsuccessfully Challenges Wake Forest Baptist Surgery Center

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The N.C. Court of Appeals ruled against Novant Health this week in its legal challenge to a $38.7 million ambulatory surgery center planned by Wake Forest Baptist Medical Center, according to a Greensboro Business Journal report.

In the opinion this week, the court said Novant failed to show it would suffer harm from the new surgery center, beyond what would result from additional competition. With its ruling, the court supposed two earlier decisions by the state Department of Health and Human Services to allow the surgery center to be built. Both decisions have been challenged by Novant.

Denise Gunter, an attorney with Nelson Mullins representing Novant, said "we disagree strongly" with the opinion, adding that the court ignored evidence of the additional harm to the system from the ASC.

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