The Mississippi Supreme Court has ruled in favor of a Southaven medical imaging clinic that had been challenged by Baptist Memorial Hospital-DeSoto and Carvel Imaging over its certificate of need that allowed the small clinic to operate.

DeSoto Imaging and Diagnostics, LLC had filed an application for a certificate of need almost three years ago for its clinic off Goodman Road near Baptist Memorial Hospital-DeSoto.

Baptist DeSoto officials and Carvel Imaging opposed the application for the CON in 2005.

A hearing was delayed twice on the matter, but a hearing by the state health officer ruled in favor of DIS application as filed by the company's chief executive officer Kevin Blackwell after more than three days of testimony.

Baptist and Carvel Imaging officials appealed the decision to chancery court. A subsequent ruling by a chancery court judge allowed DIS to continue operating but ruled the certificate of need process could be reopened.

"Thankfully for us the judge did not rescind the CON," Blackwell said Friday of the chancery court ruling.

In effect, that ruling allowed the clinic to continue operating until the state's high court could render its opinion in the matter.

"We've been waiting for quite some time," Blackwell said.

The court found that DeSoto Imaging and Diagnostics LLC had presented evidence that the clinic was located in the state's fastest growing county and that the population would support its continued operation.

"This evidence supports the finding that the population growth in DeSoto County has created a need for additional MRI services toward the end of improving the health of Mississippi residents." The state's highest court also found that DeSoto Imaging could meet that need without infringing on the “financial viability of existing providers," according to the high court's ruling.

Robert Lee Long can be contacted at rlong@desototimes.com or at (662) 429-NEWS, Ext. 252.