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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