Supreme Court of Arkansas
Baptist Health Systems, Mercy Health System, and Washington Regional Medical Center, Appellants/cross-Appellees V…
March 17, 20162016 Ark. LEXIS 99
Summary
The court held that the hospitals could not obtain declaratory relief because they failed to establish a present, actual justiciable controversy concerning the Peer Review Fairness Act. Because justiciability was absent, the court did not reach the Act's constitutionality or the remaining requirements for declaratory relief. Justices Danielson and Wood dissented, reasoning that the Act imposed present obligations on hospitals during ordinary peer-review activities and that the controversy was therefore ripe for decision.