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Northeast’s CON application described herein is withdrawn and DHEC’s approval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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