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 |
