South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Presbyterian Healthcare System, d/b/a Presbyterian Hospital-York, LLC vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Presbyterian Healthcare System, d/b/a Presbyterian Hospital-York, LLC

Respondents:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
06-ALJ-07-0712-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER FOR CONSOLIDATION AND INTERVENTION

This matter is currently pending before the South Carolina Administrative Law Court, along with cases 06-ALJ-07-0489-CC (Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System (Carolinas) v. South Carolina Department of Health and Environmental Control (SC DHEC) and Amisub of South Carolina, Inc., d/b/a Piedmont Healthcare System d/b/a Fort Mill Medical Center (Piedmont)), 06-ALJ-07-0490-CC (Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System (Carolinas) v. South Carolina Department of Health and Environmental Control (SC DHEC) and 06-ALJ-07-0713-CC (Presbyterian v. SC DHEC and Piedmont).

On October 9, 2006 Piedmont filed a Motion to Consolidate in cases 06-ALJ-07-0489-CC and 06-ALJ-07-0712-CC. On October 12, 2006, Piedmont filed an Amended Motion to Consolidate including file 06-ALJ-07-0713-CC. Presbyterian objected to the motion by memorandum filed on October 27, 2006. In addition, there were cross motions to Intervene by Carolinas in both cases 06-ALJ-07-0712-CC and 06-ALJ-07-0713-CC. Finally, Presbyterian filed a Motion to Intervene in 06-ALJ-07-0489-CC and 06-ALJ-07-0490-CC on October 31, 2006.

All these cases deal with the appropriateness of granting a Certificate of Need for a new hospital in York County, based on SC DHEC’s granting a CON to Piedmont in May 2006. It appears that the facts, circumstances, and issues are common to these cases, that all cases involve the same questions of law and facts, and that the same or substantially similar evidence will be relevant in each case. Therefore, in the interest of judicial economy, it is hereby ORDERED that these matters are consolidated into one contested case as provided in SC ALC Rule 19 (D).

IT IS FURTHER ORDERED that the caption in this matter will read “Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System and Presbyterian Healthcare


System, d/b/a Presbyterian Hospital—York, LLC, Petitioners vs. South Carolina Department of Health and Environmental Control and Amisub of South Carolina, Inc., d/b/a Piedmont Healthcare System d/b/a Fort Mill Medical Center, Respondents” and shall bear Docket No. 06-ALJ-07-713-CC. The files for Docket 06-ALJ-07-0489-CC Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System (Carolinas) v. South Carolina Department of Health and Environmental Control (SC DHEC) and Amisub of South Carolina, Inc., d/b/a Piedmont Healthcare System d/b/a Fort Mill Medical Center (Piedmont), 06-ALJ-07-0490-CC Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System (Carolinas) v. South Carolina Department of Health and Environmental Control (SC DHEC) and 06-ALJ-07-0712-CC Presbyterian Healthcare System, d/b/a Presbyterian Hospital—York, LLC (Presbyterian) v. SC DHEC shall be closed and merged into case 06-ALJ-07-0713-CC which shall have the following caption: “Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System and Presbyterian Healthcare System, d/b/a Presbyterian Hospital—York, LLC, Petitioners vs. South Carolina Department of Health and Environmental Control and Amisub of South Carolina, Inc., d/b/a Piedmont Healthcare System d/b/a Fort Mill Medical Center, Respondents.”

Furthermore, the parties shall be known as set forth in this order; namely, Carolinas, Presbyterian, Piedmont and SC DHEC.

These cases are consolidated for all purposes, including discovery and hearing. This court will treat each party as uniformly postured during the pendency of this action.[1]

AND IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

January 10, 2007

Columbia, South Carolina



[1] This court is aware that the SC Supreme Court has accepted the case of Chem-Nuclear, Inc. v. SC DHEC in its original jurisdiction to address the applicability of Act 387 to pending matters and the appeal routes from such matters. Specifically the Court has been asked to determine the apparent discrepancy in section 55 (the “savings clause”) and section 57 (the “effective date.”) Any ruling in that case would be binding on all parties and the court in this matter.


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