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.
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CAROLYN C. MATTHEWS
Administrative Law Judge
May 20, 2004
Columbia, South Carolina |
