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:
National HealthCare, L.P. et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
National HealthCare, L.P.,Anderson, South Carolina, Health Management Resources, Lyndon Ellenburg Nursing Center and Mariner Health Care,

Respondent:
South Carolina Department of Health and Environmental Control, and Anderson Area Medical Center, Inc.
 
DOCKET NUMBER:
97-ALJ-07-0645-CC

APPEARANCES:
NATIONAL HEALTHCARE, L.P., Anderson, South Carolina
Brad W. Moorhouse
Its: Administrator

HEATH MANAGEMENT RESOURCES
Michael H. McBride
Its: President

ELLENBURG NURSING CENTER
Lyndon W. Ellenburg
Its: Vice President

MARINER HEALTH CARE
Pamela P. Smith
Its: Administrator


McNAIR LAW FIRM, P.A.
M. Elizabeth Crum
Attorney for National Healthcare, L.P., Anderson, South Carolina,
Health Management Resources, Ellenburg Nursing Center and Mariner Health Care

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Leon B. Frishman
Its: Director, Bureau of Health Facilities and Services Development

OFFICE OF GENERAL COUNSEL FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Nancy S. Layman
Attorney for South Carolina Department of Health and Environmental Control

ANDERSON AREA MEDICAL CENTER, INC.
John A. Miller, Jr.
Its: President and CEO

WATKINS, VANDIVER, KIRVEN, GABLE & GRAY
Wm. Douglas Gray
Attorney for Anderson Area Medical Center, Inc.
 

ORDERS:

CONSENT ORDER

This contested case hearing is before this Court on appeal of a Certificate of Need granted by the South Carolina Department of Health and Environmental Control ("Department"/ "DHEC"), Anderson Area Medical Center ("AAMC") requested a Certificate of Need for the conversion of thirty (30) of its acute care hospital beds to thirty (30) nursing home beds to be used for hospital based nursing home beds. DHEC approved the Certificate of Need. National HealthCare, L.P., Health Management Resources, Lyndon Ellenburg Nursing Center and Mariner Health Care have appealed that approval and have requested a contested case hearing in the Administrative Law

Judge Division.

The parties to this contested case have advised the Court that they have reached an

agreement for the settlement of the contested issues in this case, the terms of which are set out

below. This Court finds that the terms of the proposed settlement are in the public interest and

are permissible under the governing statues and regulations of the State of South Carolina,

including the applicable regulations of DHEC.

Therefore, this Court finds that the following matters have been agreed to by all parties and Orders the same.

1. The decision of DHEC in Docket No. 97-ALJ-07-0645-CC approving a Certificate

of Need for the conversion of 30 general acute care beds of AAMC to 30 hospital-based nursing home beds is amended by agreement of the parties and the consent of this Court.

2. AAMC agrees to submit to DHEC a letter requesting that its application and CON be amended to reflect a request for the conversion of 27 general acute care beds of AAMC to 27 hospital-based nursing home beds.

3. AAMC agrees to submit to DHEC a general description of the revised project

including:

a. The specific beds that will be affected and their location as well as a description of the three beds that remain unaffected.

b. A revised pro forma budget, including any modification of charges.

4. DHEC agrees to issue a Certificate of Need to AAMC within 30 days of this fully executed agreement, contingent upon the production of the information listed in Number 3 above.

5. The Certificate of Need issued by DHEC will be for the conversion of 27 general

acute care beds to 27 hospital-based nursing home beds for a total capacity of 495 general acute

care beds, 38 psychiatric beds, and 27 hospital-based nursing home beds.

6. The Department has determined that the reduction of three beds is not a substantial

change to the application.

AND IT IS SO ORDERED THIS 28th DAY OF APRIL, 1998.

____________________________________

Stephen P. Bates

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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