South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

Professional Home Nursing, Inc. vs. SCDHEC et al.

South Carolina Department of Health and Environmental Control

Professional Home Nursing, Inc., Mediforce Home Health Agency, and First American Home Care of South Carolina, Inc.





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.





December 29, 1995

Columbia, South Carolina

Brown Bldg.






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