ORDERS:
CONSENT ORDER OF DISMISSAL
Petitioner Oakhaven, Inc., d/b/a Morrell Memorial Convalescent Center, Hartsville, South Carolina ("Morrell"), submitted
an application to Respondent South Carolina Department of Health and Environmental Control ("Department") for a
Certificate of Need ("CON") for the addition of sixteen (16) nursing home beds which will not participate in the Medicaid
(Title XIX) Program, for a total of one hundred and sixty-four (164) nursing home beds at Morrell. Respondent South
Carolina Baptist Ministries for the Aging, Inc., d/b/a Bethea Baptist Retirement Community and Healthcare Center
("Bethea") submitted an application to the Department for a CON for the conversion of sixteen (16) restricted nursing home
beds to community nursing home beds which will not participate in the Medicaid (Title XIX) Program, for a total of forty-six (46) restricted nursing home beds and forty-two (42) community nursing home beds at Bethea. (Should the Department
be able to authorize additional Medicaid beds/patient days, then both facilities may request these beds/days in the future.)
The Department deemed these CON applications competing. On January 21, 2000, the Department issued its proposed
decisions denying Morrell's CON application and approving Bethea's CON application.
On January 28, 2000, Morrell filed a Request for Reconsideration. The Department undertook reconsideration of the
applications. On February 24, 2000, the Department again issued its proposed decisions denying Morrell's CON
application and approving Bethea's CON application.
On March 3, 2000, Morrell filed Requests for Contested Case Hearings and Petitions for Administrative Review concerning
the Department's decisions to deny Morrell's CON application and to approve Bethea's CON application. This matter was
transmitted to the Administrative Law Judge Division. The parties have reached a settlement of this matter.
THEREFORE, by and with the consent of the parties, I order the following relief:
1. The Department shall issue a CON to Bethea for the conversion of ten (10) restricted
Nursing home beds to community nursing home beds, which will not participate in
the Medicaid (Title XIX) Program;
2. The Department shall issue a CON to Morrell for the addition of six (6) nursing home
beds, which will not participate in the Medicaid (Title XIX) Program; and
3. Morrell's Requests for Contested Case Hearings and Petitions for Administrative
Review are withdrawn, and therefore, the Contested Case regarding the Department's
decisions to approve Bethea's application and deny Morrell's application is hereby
dismissed.
AND IT IS SO AGREED AND ORDERED.
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RAY N. STEVENS
Administrative Law Judge
March 30, 2000
Columbia, South Carolina |
