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:
Springs Memorial Hospital vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Springs Memorial Hospital

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
96-ALJ-07-0490-CC

APPEARANCES:
Nancy S. Layman
Attorney for South Carolina Department
of Health and Environmental Control

Leon B. Frishman, Director
Bureau of Health Facilities and
Service Development
South Carolina Department of Health and
Environmental Control

Susan A. Lake
Attorney for Springs Memorial Hospital

Robert M. Luther
Chief Executive Officer
Springs Memorial Hospital
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This contested case arose from the South Carolina Department of Health and Environmental Control's ("Department") decision to deny Springs Memorial Hospital's ("Hospital") Certificate of Need ("CON") application to establish three (3) inpatient hemodialysis stations. On November 14, 1996, the Hospital filed its Petition with the Clerk of the Board of Health and Environmental Control. By letter dated November 20, 1996, the Department forwarded to the Administrative Law Judge Division a completed Agency Transmittal Form in this matter.

The sole reason for the Department's denial of the Hospital's CON application was the Hospital's proposal to provide inpatient hemodialysis services pursuant to a contract with Lancaster Kidney Center. In an entirely separate mater, which did not involve the Hospital, the Department had determined that Vivra Renal Care, Inc., ("Vivra"), had acquired Lancaster Kidney Center without appropriate approval from the Department and in violation of the "State Certification of Need and Health Facility Licensure Act." Therefore, the Department's decision to deny the Hospital's CON application arose from the Department's separate dispute with Vivra, the party which purchased the entity with which the Hospital proposed to contract. The Department and Vivra have now settled that dispute. Therefore, the sole reason for denial of the Hospital's CON application has been eliminated, and the Department agrees to issue the CON to the Hospital to establish three (3) inpatient hemodialysis stations. The Hospital may contract with Vivra for provision on inpatient dialysis services within the Hospital.







CONCLUSIONS OF LAW


THEREFORE, based upon the Findings of Fact stated above, I conclude that the issues raised in the Petition have been resolved, that the Department shall immediately issue the CON to establish three (3) inpatient hemodialysis stations to the Hospital and that this contested case is hereby dismissed.

IT IS SO AGREED AND ORDERED.





_______________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

Date: February 21, 1997


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court