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:
North Trident Regional Hospital, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
North Trident Regional Hospital, Inc., d/b/a Trident Medical Center

Respondent:
South Carolina Department of Health and Environmental Control and Diagnostic Health Corporation, d/b/a HealthSouth Diagnostic Center of Charleston
 
DOCKET NUMBER:
98-ALJ-07-0333-CC

APPEARANCES:
Attorney for North Trident Regional Hospital, Inc
d/b/a Trident Medical Center, Petitioner
J. Gail Rahn, Esq.
Barnwell, Whaley, Patterson & Helms, LLC
134 Meeting Street, Suite 300
Charleston, S.C. 29401

Attorney for South Carolina Department of Health
and Environmental Control, Respondent
E. Katherine Wells, Esq.
S.C. Dept. of Health & Environmental Control
2600 Bull Street
Columbia, S.C. 29201-1708

Attorneys for Diagnostic Health Corporation, d/b/a
HealthSouth Diagnostic Center of Charleston,
Respondent
Kevin B. Getzendanner, Esq.
Arnall, Golden & Gregory, LLP
2800 One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3450

Bonnie D. Shealy, Esq.
Robinson, McFadden & Moore, PC
Post Office Box 944
Columbia, S.C. 29202
 

ORDERS:

CONSENT ORDER OF DISMISSAL

Whereas this proceeding was initiated by North Trident Regional Hospital to contest the determination by the South Carolina Department of Health and Environmental Control (DHEC) in In Re: E-98-62 ("the determination") that the proposal of Respondent HealthSouth to replace the MRI unit at the HealthSouth Diagnostic Center of Charleston is exempt from Certificate of Need review under the provisions of S.C. DHEC Regulation 61-15, Section 104(2)(h), and other relevant provisions of South Carolina law ("the exemption request"); and

Whereas HealthSouth Diagnostic Center of Charleston hereby stipulates to the withdrawal of its exemption request, and further stipulates that it shall not act upon or rely upon DHEC's determination in In Re: E-98-62 and that such determination is of no further force or effect; and

Whereas each of the undersigned parties joins in the foregoing stipulation and further stipulates their agreement to the dismissal of this action with prejudice;

IT IS HEREBY ORDERED, upon the stipulation and consent of the parties hereto, that the foregoing action be dismissed with prejudice, each party to bear its own costs and expenses.





______________________________

Ralph K. Anderson, III

Administrative Law Judge

February 8, 1999

Columbia, South Carolina


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