ORDERS:
ORDER OF REMAND
This matter comes before me pursuant to East Cooper Regional Medical Center's ("East Cooper") request for a contested case
hearing before the Administrative Law Judge Division ("Division") challenging Respondent Department of Health and
Environmental Control's ("DHEC") decision that the provision of emergency room services by Respondent Roper Hospital,
d/b/a Roper East Cooper Emergency Room ("Roper") does not require CON review. To address the several motions filed by
East Cooper and Roper, a motions hearing was scheduled for November 13, 2001, which was later amended so that another
motion filed by East Cooper on November 2 could be addressed. On November 9, 2001, Roper filed a Motion for
Temporary Injunction to enjoin East Cooper and DHEC from participating in "further ex parte communications" with each
other.
Just prior to the November 13, 2001 hearing, DHEC filed a Motion for Remand so that it may initiate revocation of its
letter of non-applicability issued to Roper in September 2000. Because the parties were not prepared to address DHEC's
motion that day, another hearing was scheduled. On November 20, 2001, I heard DHEC's Motion for Remand, joined by
East Cooper. In addition, East Cooper made a Motion to Dismiss. Although mindful of all of the time invested in this
case thus far, I find the rationale set forth in DHEC's motion compelling. As such, this case is REMANDED to DHEC.
All other motions made and not yet disposed of by order of this tribunal, including Roper's Motion for Temporary
Injunction, are rendered moot by this Order of Remand.
IT IS THEREFORE ORDERED that this case is REMANDED to DHEC to revoke its letter of non-applicability issued
to Roper on September 8, 2000.
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 20, 2001
Columbia, South Carolina |
