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:
MRI at Belfair, LLC, et al vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
MRI at Belfair, LLC; Hilton Head Regional Medical Center; and Hilton Head Imaging, Inc.

Respondents:
South Carolina Department of Health and Environmental Control and Southern MRI
 
DOCKET NUMBER:
07-ALJ-07-0538-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER FOR DISMISSAL WITH PREJUDICE

This matter arose from Petitioners Hilton Head Regional Medical Center and MRI at Belfair, LLC’s petition for a contested case hearing to determine whether the South Carolina Department of Health & Environmental Control (“DHEC”) had properly issued a non-applicability determination (“NAD”) to Respondent Southern MRI, LLC for the acquisition of a 1.5T Magnetic Resonance Imaging (“MRI”) unit and a 4-slice Computed Tomography (“CT”) unit. Petitioner Hilton Head Imaging, LLC subsequently sought and was granted leave by this Court to intervene in this matter.

Previously, the parties filed a Consent Order with the Court, asking that the Court order the CT portion of this matter dismissed with prejudice. Hilton Head Imaging does not offer MRI services at its facility and does not contest the grant of an NAD to Southern MRI for the purchase of an MRI. Therefore, Hilton Head Imaging desires to dismiss with prejudice all its claims alleged against Defendants and to be dismissed as party to this action. All parties have consented to this dismissal.

THEREFORE, IT IS ORDERED that Petitioner Hilton Head Imaging’s claims against Defendants are dismissed with prejudice, and Petitioner Hilton Head Imaging is no longer a party to the above-captioned case.

AND IT IS SO ORDERED.

__________________________________

Paige J. Gossett

Administrative Law Judge

Columbia, South Carolina

August 21, 2008

[signatures on following page]
WE SO MOVE & CONSENT:

HILTON HEAD REGIONAL MEDICAL CENTER

By:__________________________________________

Travis Dayhuff

Nelson Mullins Riley & Scarborough, LLP

1320 Main Street, 17th Floor

Post Office Box 11070(29211-1070)

Columbia, SC 29201

(803) 799-2000

Attorney for Hilton Head Regional Medical Center

HILTON HEAD IMAGING, LLC

By:___________________________________

Julie B. Overstreet

Parker Poe Adams & Bernstein LLP

1201 Main Street, Suite 1450 (29201)

Post Office Box 1509

Columbia, SC 29202-1509

(803) 255-8000

Attorney for Hilton Head Imaging, LLC

MRI AT BELFAIR, LLC

By:____________________________________

M. Elizabeth Crum

McNair Law Firm, P.A.

1301 Gervais Street, 11th Floor

Columbia, SC 29201

(803) 799-9800

[remaining signatures on following page]

SOUTHERN MRI, LLC

By:____________________________________

E. Wade Mullins, III

Bruner, Powell, Robbins, Wall & Mullins

1735 St. Julian Place, Suite 200

Post Office Box 61110

Columbia, SC 29260

(803) 252-7693

Attorney for Southern MRI, LLC

SOUTH CAROLINA DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL

By:____________________________________

Ashley C. Biggers

South Carolina Department of Health & Environmental Control

2600 Bull Street

Columbia, SC 29201

(803) 898-3309

Attorney for South Carolina Department of Health & Environmental Control


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