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 |
