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 |
