South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Wando Outpatient Surgery Center, LLC vs. SCDHEC, et al

AGENCY:

PARTIES:
Petitioners:
Wando Outpatient Surgery Center, LLC

Respondents:
South Carolina Department of Health and Environmental Control and Southern (sic) Spine Institute Ambulatory Surgery Center, LLC
 
DOCKET NUMBER:
08-ALJ-07-0015-CC

APPEARANCES:
n/a
 

ORDERS:

08-ALJ-07-0015-CC

This matter is currently pending before the South Carolina Administrative Law Court, along with Docket No. 08-ALJ-07-0014-CC (CareAlliance Health Services, d/b/a Roper Hospital and Roper St. Francis Mt. Pleasant Hospital v. SCDHEC and Southern (sic) Spine Institute Ambulatory Surgery Center, LLC. A Petition for Administrative Review and Request for Contested Case Hearing was filed by Petitioner Wando Outpatient Surgery Center, LLC ("Wando") with the ALC on January 18, 2008. CareAlliance Health Services d/b/a/ Roper Hospital and Roper St. Francis Mt. Pleasant Hospital ("Roper") filed its request for contested case review on January 15, 2008, with the ALC.

On February 12, 2008, Southeastern Spine Institute Ambulatory Surgery Center, LLC ("SSI ASC") and the South Carolina Department of Health and Environmental Control ("Department") filed a Joint Motion to Consolidate the two (2) contested case matters with the ALC. On February 21, 2008, this contested case hearing was reassigned to this Court. On February 22, 2008, Roper filed a response consenting to the consolidation of the two (2) cases and to SSI ASC's Motion to Correct Caption. It appears that Wando has also consented to the Motion to Consolidate.

The Petitioner in each of these cases seeks review of the final agency decision by Department to issue a Certificate of Need (“CON”) to SSI ASC for the establishment and operation of an 8,600 square foot ambulatory surgery facility with two (2) operating rooms and a single procedure room (block suite) housed within a 21,000 square foot medical office building ("MOB") located at 1106 Chuck Dawley Blvd. in Mt. Pleasant, South Carolina. It appears that the facts, circumstances, and issues are common to these cases, that both 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 Rule 19(D) RPALC.

IT IS FURTHERED ORDERED that Respondent SSI ASC's Motion to Amend Caption is granted.

IT IS FURTHERED ORDERED that the caption in this matter will read "CareAlliance Health Services, d/b/a Roper Hospital and Roper St. Francis Mt. Pleasant Hospital and Wando Outpatient Surgery Center, LLC v. South Carolina Department of Health and Environmental Control and Southeastern Spine Institute Ambulatory Surgery Center, LLC and shall bear Docket number 08-ALJ-07-0014-CC.

These cases are consolidated for all purposes, including discovery and hearing.

AND IT IS SO ORDERED.

____________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

March 13, 2008

Columbia, South Carolina


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