ORDERS:
ORDER
This matter comes before me pursuant to ALJD Rule 19(c), upon Respondent Home Health's
Motion to Compel Responses to its Third Set of Interrogatories to Petitioner First American. A
telephone conference and motion hearing was conducted at 10:20 a.m., December 29, 1995, for
consideration of the Motion with counsel for each party participating. Home Health seeks
information from First American relating to any former or pending civil, criminal, or
administrative actions against First American or its personnel. Pursuant to the 1994 State Health
Plan, at II-123 - 124, the following standard is applied to home health CON applicants:
The applicant should have a track record that demonstrates a commitment to quality services.
There should be no history of prosecution, loss of license, consent order, or abandonment of
patients in other business operations.
First American objects to the interrogatories on the grounds that they are overbroad or irrelevant
and not reasonably calculated to lead to the discovery of admissible evidence. Upon consideration
of the issues presented by way of oral arguments and written memoranda submitted by the parties,
I make the following determinations:
IT IS HEREBY ORDERED that Home Health's Motion to Compel is granted to the extent that
First American is ordered to respond to the nine interrogatories dated December 14, 1995, by
revealing and identifying the existence and content of any indictment, complaint, administrative
violation citation, final order, consent order, license revocation proceeding, judgment, or
conviction of public record directly related to First American Home Care of South Carolina, Inc.,
ABC Home Health Services, their affiliates, or former or present owners, officers, directors, or
management personnel arising out of matters directly related to the operation or management of
a health care facility or the rendering of health care services. First American is further required to
reveal the current status of any pending actions identified, including the dates of any scheduled
trials or hearings. Home Health's Motion to Compel is denied, however, to the extent that First
American is not required to reveal or identify the existence or details of any investigation, audit,
or inquiry which has not resulted in formal legal action to date. First American shall comply with
the interrogatory requests, as modified by this Order, no later than Tuesday, January 2, 1996.
IT IS FURTHER ORDERED that no later than Friday, January 5, 1996, by 5:00 p.m., the
parties shall submit to the Court by mail, hand delivery, or fax, any written motions to be
considered at the contested case hearing scheduled to begin at 9:30 a.m., January 8, 1996,
including but not limited to discovery matters, imposition of costs, and exclusion of evidence.
AND IT IS SO ORDERED.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
December 29, 1995
Columbia, South Carolina |