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’ declaratory-judgment action was not justiciable because they neither alleged that they were violating the Arkansas Peer Review Fairness Act nor showed an imminent threat of enforcement. Because a present controversy was lacking, the court declined to reach the constitutional merits and dismissed the hospitals’ direct appeal. Justices Wood and Danielson dissented, concluding that the Act imposed present obligations sufficient to support declaratory relief and that the court should reach the merits.