South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Clarendon County Memorial Hospital vs. SCHDEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Clarendon County Memorial Hospital

Respondents:
South Carolina Department of Health and Environmental Control and Manning Diagnostics, LLC
 
DOCKET NUMBER:
04-ALJ-07-0319-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

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


Brown Bldg.

 

 

 

 

 

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