South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Lexington County Health Services District, Inc. vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Lexington County Health Services District, Inc. d/b/a Lexington Medical Center

Respondents:
South Carolina Department of Health and Environmental Control and Sisters of Charity Providence Hospitals, d/b/a Providence Hospital Northeast
 
DOCKET NUMBER:
07-ALJ-07-0575-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

The Petitioner Lexington Health Services District, Inc. d/b/a Lexington Medical Center (“LMC”), filed its request for contested case hearing on November 16, 2007, to challenge the August 27, 2007 decision of the Respondent South Carolina Department of Health and Environmental Control (“DHEC”) to grant a certificate of need (“CON”) to Respondent Sisters of Charity Providence Hospitals d/b/a Providence Hospital Northeast (“Providence Northeast”) for construction and renovation to include an expanded Emergency Department, addition of a Magnetic Resonance Imaging (“MRI”) unit, and the addition of thirty-eight (38) general acute care beds. The trial for this contested case was scheduled for February 17-27, 2009.

The parties have reached a settlement in this matter. There being no case in controversy as a result of the settlement, the parties have agreed to dismiss this contested case proceeding as provided in S.C. Code Ann. § 1-23-320(f).

IT IS HEREBY ORDERED:

1.                  DHEC’s staff decision dated August 27, 2007 to grant Providence Northeast a CON is upheld.

2.                  DHEC shall promptly issue the CON Described herein to Providence Northeast.

3.                  This case is dismissed with prejudice.

IT IS SO ORDERED.

______________________________

Ralph King Anderson, III

Administrative Law Judge

February 27, 2009

Columbia, South Carolina

WE SO MOVE AND CONSENT:

SISTERS OF CHARITY PROVIDENCE LEXINGTON COUNTY HELATH

HOSPITALS, d/b/a PROVIDENCE SERVICES DISTRICT, INC., d/b/a

HOSPITAL: LEXINGTON MEDICAL CENTER

_________________________________ ______________________________

James G. Long, III David B. Summer, Jr.

JLong@nexsenpruet.com davidsummer@parkerpoe.com

Edward H. Bender William R. Thomas

EBender@nexsenpruet.com willthomas@parkerpoe.com

NEXSEN PRUET, LLC PARKER POE ADAMS & BERSTEIN

1230 Main Street, Suite 700 (29201) 1201 Main Street, Suite 1450

Post Office Drawer 2426 Post Office Box 1509

Columbia, SC 29202 Columbia, SC 29202

(803) 771-8900 (803) 255-8000

Attorneys for Respondent Sisters of Charity Attorneys for Petitioner Lexington County

Providence Hospitals, d/b/a Providence Health Service District, Inc. d/b/a Lexington

Hospital Medical Center

SOUTH CAROLINA DEPARTMENT OF

HEALTH & ENVIRONMENTAL

CONTROL:

_________________________________

Ashley C. Biggers

biggerac@dhec.sc.gov

Nancy S. Layman

laymanns@dhec.sc.gov

SOUTH CAROLINA DEPARTMENT OF

HEALTH & ENVIRONMENTAL CONTROL

2600 Bull Street

Columbia, SC 29201

(803) 898-3351

Attorneys for Respondent South Carolina

Department of Health and Environmental Control


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