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:
McLeod Regional Medical Center vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
McLeod Regional Medical Center

Respondent:
South Carolina Department of Health and Environmental Control and QHG Of South Carolina, Inc., d/b/a Carolinas Hospital System
 
DOCKET NUMBER:
95-ALJ-07-0132-CC

APPEARANCES:
Harold W. Jacobs and Susan A. Lake, for Petitioner

Henry L. Parr, Jr., for Respondent Carolinas Hospital System

Nancy S. Layman, for Respondent South Carolina Department of Health and Environmental Control
 

ORDERS:

ORDER

This matter comes before me pursuant to the motion of Respondent Carolinas Hospital System (CHS), to compel the Petitioner, McLeod Regional Medical Center ("McLeod") to comply with CHS' request for production of documents. A hearing on the motion and a status conference in this matter were held on August 1, 1995. Upon consideration of the issues raised by the parties, I make the following determinations:

Request 13. McLeod has agreed to provide documents that will attempt to be responsive to this request. McLeod is required to make its chief financial officer available to interpret and explain the information contained in the documents.

Request 11. The motion to compel is hereby denied as to this request.

Request 9(f). McLeod is hereby ordered to comply with this request.

Request 9(d). CHS has withdrawn its motion to compel as to this request.

Requests 9(c) and 15(m). McLeod is currently attempting to compile documents in an effort to respond to these requests. Accordingly, any ruling on the motion to compel as to these requests would be premature at this time.

Request 10. McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 12(d). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 9(g). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 15(a). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 15(b). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 15(c). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 15(o). McLeod is currently attempting to compile documents in an effort to respond to this request. Accordingly, any ruling on the motion to compel as to this request would be premature at this time.

Request 9(a). As to this request, McLeod is hereby ordered to provide the following information only:

1. The names, business addresses, business telephone numbers, job titles, and dates of employment of all current employees in supervisory positions in McLeod's radiation therapy department in the last five years.
2. The names, last known addresses, last known telephone numbers, job titles, and dates of employment of all former employees in supervisory positions in McLeod's radiation therapy department in the last five years.

To the extent CHS' motion to compel as to this request seeks information other than that listed above, it is hereby denied.

Request 9(b). As to this request, McLeod is hereby ordered to produce only the names, last known addresses, business telephone numbers, and dates of affiliation of all physicians who currently hold or formerly held staff privileges at McLeod in the past five years who are specialists in the field of oncology or radiation therapy.

To the extent CHS' motion to compel as to this request seeks information other than that listed above, it is hereby denied.

Request 12(a). McLeod is hereby ordered to produce a one week sample of the daily patient schedules for each linear accelerator, cobalt 60 and treatment simulator at its facilities, with the patient information redacted. The week for which this information will be produced is to be designated by counsel for CHS.

Request 15(e). The motion to compel as to this request is hereby denied on the grounds that it fails to describe the items sought with reasonable particularity as required by SCRCP 34(b).

IT IS THEREFORE ORDERED that:

1. McLeod is hereby ordered to produce all new documents and information as set forth above in response to CHS' request for production no later than August 16, 1995.

2. McLeod will make its chief financial officer, H.E. McCutchen, Jr., and its Record Management Engineer, Karen Welch, available for interpretation and explanation of the information produced.

3. Counsel for CHS will draft a proposed protective order for protection of any proprietary information produced by either party.

4. A telephone status conference in this matter will be held at 9:30 a.m.on September 5, 1995, with Petitioner responsible for conferencing in all parties before calling me at (803) 734-0550. At that time, all parties are required to inform the Court of any stipulations to narrow the issues for determination at the hearing.

5. All parties will exchange the names and addresses of potential expert witnesses and a summary of the expected testimony of the witnesses no later than August 21, 1995, as set forth in

the Amended Scheduling Order of July 11, 1995. This information may be supplemented at any time up to and including September 5, 1995, the date of the status conference, at which time a further deadline may be established.

AND IT IS SO ORDERED.



_____________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

August ____, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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