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:
Walterboro Community Hospital, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Walterboro Community Hospital, Inc., d/b/a Colleton Regional Hospital, Petitioner,

Respondent:
South Carolina Department of Health and Environmental Control and Low
Country Health Systems, Inc., Respondents.
 
DOCKET NUMBER:
95-ALJ-07-0641-CC

APPEARANCES:
J. Gail Rahn, Esquire
Attorney for Respondent,
Waterboro Community Hospital

H. Bowen Woodruff, Esquire
Attorney for Respondent
South Carolina Department of Health
and Environmental Control

Michael A. Molony, Esquire
Attorney for Respondent
Low Country Health Services, Inc.
 

ORDERS:

ORDER FOR DISMISSAL OF APPEAL

This matter is before the Court by way of motion of Counsel for the Petitioner, and by and with the consent of Counsel for the Respondents, requesting that the within appeal be dismissed and a Certificate of Need be issued in this matter.

The Court has been advised that the Respondent, Department of Health and Environmental Control ("DHEC"), has reviewed certain documentation provided by the other parties to this appeal and has concluded that the proposed Joint Venture Agreement is not a "substantial change" as contemplated by DHEC Regulation 61-15,  310. Further, the Department has determined and has consented to the issuance of a Certificate of Need to the newly formed joint venture entity, "Colleton Ambulatory Surgery Center."

Further, all parties to the Joint Venture Agreement have resolved all contingencies and have concluded all necessary acts and have committed to funding the Joint Venture.

Based upon the foregoing and by and with the consent of all parties hereto, it is

ORDERED, ADJUDGED AND DECREED that the within Appeal be dismissed, with prejudice and that a certificate shall be issued to the joint venture, "Colleton Ambulatory Surgery Center."

AND IT IS SO ORDERED.

___________________________ John D. Geathers
Administrative Law Judge

Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201

October 15, 1996
Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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