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 Tuomey Regional Medical Center, (Sumter County)
 
DOCKET NUMBER:
95-ALJ-07-0477-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
Home Health of South Carolina, Inc.

Samuel Finklea
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

W. Thomas Lavender, Jr.
Cindy B. Hutto
Nexsen Pruet Jacobs & Pollard,
LLP
Suite 1500, 1441 Main Street
Post Office Drawer 2426
Columbia, SC 29202
Counsel for Respondent Tuomey
Regional Hospital
 

ORDERS:

ORDER OF DISMISSAL

IN RE: CERTIFICATE OF NEED GRANTED TO TUOMEY REGIONAL

HOSPITAL FOR HOME HEALTH SERVICES IN SUMTER

COUNTY, SOUTH CAROLINA

On January 23, 1995 Respondent Tuomey Regional 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 Sumter County, South Carolina. On March 9, 1995, Petitioner Home Health of South Carolina, Inc. also submitted an application to Respondent Department of a Certificate of Need to establish a home health agency in Sumter, South Carolina. The Department approved the application of Respondent Tuomey Regional 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 Sumter 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 10, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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