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:
Lexington County Health Services District, Inc. vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Lexington County Health Services District, Inc., d/b/a Lexington Medical Center

Respondents:
South Carolina Department of Health and Environmental Control and Sisters of Charity Providence Hospitals, d/b/a Providence Hospital Northeast
 
DOCKET NUMBER:
05-ALJ-07-0400-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

The Petitioner, Lexington Health Services District, Inc., d/b/a Lexington Medical Center (“LMC”), filed its request for a contested case hearing on October 4, 2005 to challenge the September 26, 2005 decision of the Respondent South Carolina Department of Health and Environmental Control (“DHEC”) to grant a certificate of need (“CON”) to Respondent Sisters of Charity Providence Hospitals, d/b/a Providence Hospital Northeast (“Providence Northeast”) for the conversion of eleven (11) existing hospital-based nursing home beds to general acute care beds with de-licnesure of the remaining seven (7) nursing home beds, the addition of one operating room, renovation of the Emergency Department, establishment of Magnetic Resonance Imaging services, and expansion and renovation of support services. The trial of this contested case is scheduled for hearing February 5—9, 2007.

Providence Northeast has now decided to withdraw this CON application. Therre being no case in controversy as a result of Providence Northeast’s decision to discontinue pursuit of this CON, the parties have agreed to dismiss this contested case proceeding as provided in S.C. Code Ann. § 1-23-320(f).

IT IS HEREBY ORDERED:

1. Providence Northeast’s CON application described herein is withdrawn and DHEC’s approval letter dated September 26, 2005 is void.

2. This case is dismissed.

3. The trial scheduled for February 5—9, 2007 is cancelled.

IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

SC Administrative Law Judge

December 4, 2006

Columbia, South Carolina



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