South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Oakhaven, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Oakhaven, Inc., d/b/a Morrell Memorial Convalescent Center, Hartsville, South Carolina

Respondent:
South Carolina Department of Health and Environmental Control, and South Carolina Baptist Ministries for the Aging, Inc., d/b/a Bethea Baptist Retirement Community and Healthcare Center, Darlington, South Carolina
 
DOCKET NUMBER:
00-ALJ-07-0127-CC

APPEARANCES:
E. Wade Mullins, III, Esquire
Bruner, Powell, Robbins, Wall & Mullins, LLC
1735 St. Julian Place, Suite 200
Columbia, South Carolina 29204
Attorney for Petitioner,
Oakhaven, Inc., d/b/a Morrell Memorial
Convalescent Center, Hartsville, South Carolina

Nancy S. Lawyman, Esquire
Staff Counsel
S.C. Department of Health & Environmental Control
Legal Office
2600 Bull Street
Columbia, South Carolina 29201
Attorney for Respondent,
South Carolina Department of Health and
Envionmental Control

Susan A. Lake, Esquire
Nexsen, Pruet, Jacobs & Polard
1441 Main Street, Suite 1500
Columbia, South Carolina 29201
Attorney for Respondent,
South Carolina Baptist Ministries
for the Aging, Inc., d/b/a Bethea Baptist
Retirement Community and Healthcare
Center, Darlington, South Carolina
 

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.





__________________________________

RAY N. STEVENS

Administrative Law Judge



March 30, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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