ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, on or about June 2, 2001, Respondent ImageCare, L.L.C. ("ImageCare")
requested a determination from Respondent South Carolina Department of Health and Environmental Control ("DHEC")
that ImageCare's proposed purchase and installation of a 0.3 MRI unit did not require CON review.
WHEREAS, on or about July 23, 2001 ImageCare made a separate request for determination that the purchase and
installation of a CT Scanner did not require CON review.
WHEREAS, on or about August 3, 2001, DHEC issued a non-applicability determination, NA-01-56, for the
purchase/installation of a 0.3 T MRI and the purchase/installation of a CT Scanner;
WHEREAS, on or about August 21, 2001, Petitioner Medquest Associates, Inc., Palmetto Imaging, Lexington Open MRI
and Carolina Medical Imaging (hereinafter referred to collectively as "Petitioner Medquest") filed a request for a contested
case hearing and administrative review of the DHEC decision NA-01-56 with the Administrative Law Judge Division and
the present action followed;
WHEREAS, pursuant to Order of this Court dated December 18, 2001, Columbia Neurosurgical Associates, P.A. ("CNA")
was granted leave to intervene in the subject action;
WHEREAS, by letter dated January 31, 2002, a copy of which is attached hereto, the Respondent ImageCare notified
DHEC and the Court that it was withdrawing its requests for determination of non-applicability which was the subject of
NA-01-56. By withdrawing the requests for determination of non-applicability, it appears that no further action is required;
NOW, THEREFORE, upon motion of the Respondent ImageCare, and by and with the consent of Petitioners MedQuest
Associates, Inc., Palmetto Imaging, Lexington Open MRI, and Carolina Medical Imaging, and by consent of Respondent
DHEC and Intervenor Columbia Neurosurgical Associates, P.A.
IT IS ORDERED that this case be dismissed without prejudice to ImageCare's right to re-file subsequent requests for
determination of non-applicability with all parties being responsible for their own costs and attorneys fees.
IT IS SO ORDERED.
_____________________________
Judge Carolyn C. Matthews
Administrative Law Judge
February 11, 2002 |
