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:
East Cooper Regional Medical Center vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
East Cooper Regional Medical Center

Respondent:
South Carolina Department of Health and Environmental Control and Care Alliance Health Services
 
DOCKET NUMBER:
99-ALJ-07-0415-CC

APPEARANCES:
M. Elizabeth Crum, Esquire
McNair Law Firm, P.A.
Post Office Box 11390
Columbia, South Carolina 29211
(803) 799-9800
Attorney for Petitioner East Cooper
Regional Medical Center

Josephine Patton, Esquire
Legal Department
South Carolina Department of Health and Environmental Control
2600 Bull Street
(803) 898-3350
Attorney for Respondent South
Carolina Department of Health and
Environmental Control

Robert B. Varnado, Esquire
Moore & Van Allen, PLLC
Post Office Box 22828
Charleston, South Carolina 29413
(843) 579-7000
Attorney for CareAlliance Health
Services
 

ORDERS:

CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE

In this proceeding, East Cooper Regional Medical Center ("East Cooper") seeks administrative review by the Administrative Law Judge Division ("ALJD" or "Division") of the nonapplicability determination (NA-99-65) issued by the South Carolina Department of Health

and Environmental Control ("DHEC") to CareAlliance Health Services ("CAHS") for the development and operation of an emergency and diagnostic services facility to be located in Mt. Pleasant, South Carolina (the "ER Project"). DHEC and CAHS each filed motions to Dismiss

the appeal. After argument by DHEC, CAHS, and East Cooper (collectively the "Parties"), this

court denied the Motions to Dismiss by Order dated December 17, 1999.

On February 18, 2000, CAHS submitted a letter to DHEC stating, inter alia, "by way of

offer to compromise limited to this action alone, CAHS is at present willing to concede that

DHEC's August 12, 1999 non-applicability determination is no longer valid with respect to the

ER Project." (See letter of February 18, 2000 from Robert B. Varnado to Josephine Patton, a

opy of which is attached hereto as Exhibit 1.) After receipt of CAHS' letter, on February 18,

2000, DHEC voided NA-99-65, although CAHS was given leave to re-submit a new non-









applicability request. (See letter of February 18, 2000 from Shannon Cantwell to Robert B. Varnado, a copy of which is attached hereto as Exhibit 2.)

In that DHEC has vioded NA-99-65, the Parties hereto have agreed that the appeal herein is now moot and jointly request and consent to the ALJD dismissal of this case. Accordingly, this action is DISMISSED, by consent, without prejudice to any of the Parties.

AND IT IS SO ORDERED.



______________________________

JOHN D. GEATHERS

Administrative Law Judge



This March 13 Day of March, 2000

Columbia, SC


Brown Bldg.

 

 

 

 

 

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