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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
East Cooper Regional Medical Center vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
East Cooper Regional Medical Center

Respondent:
South Carolina Department of Health and Environmental Control, and Roper Hospital, d/b/a Roper East Cooper Emergency Room
 
DOCKET NUMBER:
00-ALJ-07-0523-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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