In the above-captioned matter, Petitioner Clarendon County Memorial Hospital
(Clarendon) requested a contested case before this tribunal to challenge the decision of
Respondent South Carolina Department of Health and Environmental Control (Department) to
issue two non-applicability determinations (NADs), NA-04-26 and NA-04-28, to Respondent
Manning Diagnostics, LLC (Manning) for the operation a mobile magnetic resonance imaging
(MRI) service and the purchase and installation of a computed tomography (CT) system in
Clarendon County, South Carolina. By a Motion to Remand filed on April 8, 2005, the
Department requested that the Court remand this matter to the Department so that it may void
Manning’s NADs because the projects have changed substantially from the proposed projects
described in the applications for the NADs. On April 18, 2005, Petitioner Clarendon filed a
memorandum in support of the Department’s motion for remand, in which it requested an order
remanding this matter to the Department and prohibiting Manning from providing further CT or
MRI services until such time as the Department approves new NADs or Certificates of Need
(CONs) for the proposed projects. Manning, in a letter to the Court from its attorney dated April
22, 2005, consents to the Department’s motion and represents that, as of 5:00 p.m. on April 22,
2005, it will provide no further CT or MRI services until such time as the Department will
approve new NADs or CONs for such services. Therefore,
IT IS HEREBY ORDERED that the matter of Manning’s NADs is REMANDED to
the Department for it to void the NADs, and the above-captioned case is accordingly
DISMISSED.
IT IS FURTHER ORDERED that the hearing of this case scheduled for July 19 and 20,
2005, is CANCELED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
April 25, 2005
Columbia, South Carolina