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:
Home Health of South Carolina, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Home Health of South Carolina, Inc.

Respondent:
South Carolina Department of Health and Environmental Control and Fairfield
Home Health Services, (Fairfield County)
 
DOCKET NUMBER:
95-ALJ-07-0472-CC

APPEARANCES:
Stuart M. Andrews, Jr.
Tracey M. Roberts
Daniel J. Westbrook
Nelson Mullins Riley &
Scarborough, L.L.P.
P. O. Box 11070
Columbia, SC 29211
Counsel for Petitioner

Thomas G. Eppink
Staff Counsel
South Carolina Department of
Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
Counsel for Respondent South
Carolina Department of Health
and Environmental Control

Ernest J. Nauful, Jr.
Ernest J. Nauful, Jr., P.C.
Post Office Box 5907
Columbia, SC 29250
Counsel for Respondent Fairfield
Memorial Hospital
 

ORDERS:

ORDER OF DISMISSAL

On February 21, 1995 Respondent Fairfield Memorial Hospital submitted an application to Respondent South Carolina Department of Health and Environmental Control ("the Department") for a Certificate of Need to establish a home health agency in Fairfield County, South Carolina. On March 9, 1995, Petitioner Home Health of South Carolina, Inc. also submitted an application to Respondent Department for a Certificate of Need to establish a home health agency in Fairfield County, South Carolina. The Department approved the application of Respondent Fairfield Memorial Hospital. On July 7, 1995 Petitioner Home Health of South Carolina, Inc. timely filed a request for a contested case hearing with the Department essentially challenging the Department's decision, and the present action followed.

Upon consideration, Petitioner Home Health of South Carolina, Inc. has decided to withdraw its application for a Certificate of Need for a home health agency in Fairfield County, South Carolina.



THEREFORE, upon motion of the Petitioner, by and with the consent of the Respondents, this Contested Case is hereby dismissed with prejudice.

IT IS SO ORDERED.



___________________________________

Stephen P. Bates

Administrative Law Judge

January 11, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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