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:
Med Quest Associates, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Med Quest Associates, Inc., Palmetto Imaging, Lexington Open MRI and Carolina Medical Imaging

Respondent:
South Carolina Department of Health and Environment Control and ImageCare, LLC

Intervenor:
Columbia Neurosurgical Associates, P.A.
 
DOCKET NUMBER:
01-ALJ-07-0379-CC

APPEARANCES:
BRUNER, POWELL, ROBBINS,
WALL & MULLINS, LLC
E. Wade Mullins, III, Esquire
P.O. Box 61110
Columbia, South Carolina 29260-1110
(803) 252-7693
Attorney for Respondent
ImageCare, L.L.C.

M. Elizabeth Crum, Esquire
McNair Law Firm
1301 Gervais Street
Columbia, SC 29211
(803) 799-8900
Attorney for the Petitioner
MedQuest Associates, Inc., Palmetto Imaging,
Lexington Open MRI, and Carolina Medical Imaging

E. Katherine Wells, Esq.
Office of General Counsel
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
Attorney for the Respondent
S.C. Department of Health and Environmental Control

W.E. Applegate, III, Esquire
Moore & Van Allen, PLLC
P.O. Box 22828
Charleston, South Carolina 29413-2828
(843) 570-7000
Attorney for Intervenor
Columbia Neurosurgical Associates, P.A.
 

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


Brown Bldg.

 

 

 

 

 

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