ORDERS:
ORDER OF DISMISSAL WITH PREJUDICE
This matter came before
me on a petition by MRI at Belfair, LLC (Belfair) for review of the August 4,
2006, decision (August Decision) of the Department of Health and Environmental
Control (Department) to allow Coastal Carolina Medical Center (Hospital) to
utilize a mobile magnetic resonance imaging (MRI) unit (Mobile MRI) while it
was implementing its Certificate of Need (CON) for a fixed MRI unit at the
Hospital. Afterwards, the Hospital made a Motion to Dismiss the case and
Belfair moved for Summary Judgment.
Following those
motions, the Hospital requested that the Department amend the Hospital’s existing
CON to allow it to convert the 1.5 Tesla Mobile MRI unit from its temporary
mobile configuration to a permanent fixed configuration on the ground that the
change did not constitute a substantial change to the CON. The Department
approved that request on June 22, 2007.[1]
The Court is informed that the Hospital has since implemented the conversion of
the MRI unit to its permanent configuration and that the Department has deemed
the Hospital complete as to its existing CON. The Court is also informed that
Belfair has appealed the Department’s June 22, 2007 decision to both the Board
of Health and Environmental Control and the Administrative Law Court.
In Sloan v. Friends
of Hunley, Inc., 369 S.C. 20, 630 S.E.2d 474 (2006), the Supreme Court held
that “[a] moot case exists where a judgment rendered by the court will have no
practical legal effect upon an existing controversy because an intervening
event renders any grant of effectual relief impossible for the reviewing
court.” Here, because the Mobile MRI was converted to a permanent fixed
configuration, the Mobile MRI is no longer operating pursuant to the August
Decision. Review of the Department’s authority to authorize the Hospital’s
temporary use of a MRI is thus pointless, now rendering this matter moot.
THEREFORE, IT IS
ORDERED that the above-captioned case is DISMISSED with prejudice.
________________________________
Ralph
King Anderson, III
Administrative
Law Judge
July 13, 2007
Columbia, South Carolina
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