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:
MedQuest Associates, Inc vs. DHEC and Physician Owned Diagnostic Services, LLC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
MedQuest Associates, Inc

Respondents:
South Carolina Department of Health and Environmental Control and Physician Owned Diagnostic Services, LLC
 
DOCKET NUMBER:
03-ALJ-07-0477-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

This matter comes before me pursuant to MedQuest Associates, Inc.’s (“MedQuest”) request for a contested case hearing before the Administrative Law Court (“Court”) challenging Respondent Department of Health and Environmental Control’s (“DHEC”) decision that the acquisition of a mobile magnetic imaging (MRI) machine by Physician Owned Diagnostic Services, LLC, (PODS) does not require CON review.

DHEC filed a Motion for Remand on May 5, 2004 based on new information obtained during discovery. DHEC now wishes to void its letter of non-applicability (NA-03-34) issued to PODS on September 15, 2003. I held a conference call with counsel for all parties on the afternoon of May 5, 2004. Participating in the call were: Marshall Allen representing PODS, Elizabeth Crum representing MedQuest and Nancy Roberts representing DHEC as moving party. All parties agreed that the case should be remanded to DHEC with the agreement that once the NA-03-34 is voided by DHEC, this case will be dismissed. Based on these representations, and the agreement that the equipment is no longer operational, this case is REMANDED to DHEC.

IT IS THEREFORE ORDERED that this case is REMANDED to DHEC to void its letter of non-applicability (NA-03-34) issued to PODS on September 15, 2003. Upon this Court’s receipt of notice from DHEC that the non-applicability determination has been voided, this case will be dismissed by this Court.

AND IT IS SO ORDERED.

___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

May 20, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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