Supreme Court of Georgia September 13, 2004, S04A1359 (Albany Surgical, P.C. v. Georgia Department of Community Health)

Thompson, Justice.

This marks the second appearance of this case in our appellate courts. Previously, in Albany Surgical, P.C. v. Dept. of Community Health, 257 Ga. App. 636 (572 SE2d 638) (2002), our Court of Appeals affirmed the grant of summary judgment to defendants, but remanded for a determination of the constitutional issues raised, but not ruled on, in the trial court.