DIVISION OF HEALTH PLANNING Georgia Department ofCommunity Health CERTIFICATE OF NEED APPEALS REPORT DECEMBER 1999 Prepared by JohnH. Rice Public Information Officer Georgia Department of Community }lealth Division of Health Planning 2 Peachtree Street, NW Suite 34.262 Atlanta, Georgia 30303-3159 (404) 656-0655 (404) 656-0654 fax Division of Health Planning Certificate-of-Need Tracking Report Subscription Order Georgia's Division of Health Planning offers two reports to give you well-organized and detailed information about proposed healthcare projects throughout the state. Certificate-of-Need Tracking Report tracks the status of applications for Certificates-of-Need throughout the review process and includes such information as the applicant or facility's name, project description, estimated project cost, and the project's location. It also identifies appropriate dates affecting the application, such as the filing date and the deadline for the Planning Division's decision. Status of Certificate-of-Need Appeals Report tracks both the administrative and judicial appeals process. Please check the desired subscription(s): Tracking Report _ Receive this report once per week for a year by e-mail _ Receive this report once per week for a year by mail _ Receive this report once per month for a year by e-mail _ Receive this report once per month for a year by mail $156.00 ($3/report) $156.00 ($3/report) $ 72.00 ($6/report) $ 72.00 ($6/report) Appeals Report _ Receive this report once per month for a year by e-mail _ Receive this report once per month for a year by mail $ 90.00 ($7.50/report) $ 90.00 ($7.50/report) Note: Reports are only available by mail or e-mail (MS Word) For additional information contact: John Rice, Public Information Officer, at 404-656-0414 Email: johm@shpa.state.ga.us MAKE CHECK PAYABLE TO: MAIL TO: Georgia Department of Community Health Attention: Division of Health Planning 2 Peachtree Street, N.W., Suite 34.262 Atlanta, GA 30303-3159 Name/Title: Company: Address: City, State, and Zip: Phone/E-mail: ABC Home Health Services of Dublin 046-90 County: Laurens Description: Expand service area to include Treutlen County. Date of Division Decision: Denied 08-23-90 Appealed by: Applicant 08-30-90 Parties in Appeal: Only the applicant Hearing Officer: No appointment yet Hearing Date: Appeal hearing not yet scheduled Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA ABC Home Health Services of Nashville 063-91 County: Berrien Description: Establish a home health agency serving Berrien and Irwin counties. Date of Division Decision: Denied 10-08-91 Appealed by: Applicant 10-15-91 Parties in Appeal: Applicant Hearing Officer: No appointment yet Hearing Date: Appeal hearing not yet scheduled Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Pediatric Services of America 124-92 County: Dougherty Description: Develop a home health Agency to serve medically fragile and technology dependent children in Dougherty, Baker, Calhoun, Lee, Mitchell, Terrell, and Worth counties Date of Division Decision: Denied 05-83 Appealed By: Applicant 06-08-93 Parties in Appeal: PSA Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Page3 Pediatric Services of America 126-92 County: Hall Description: Develop a home health agency for medically fragile, technology-dependent children to serve Banks, Barrow, Dawson, Habersham, Hall, Jackson, Lumpkin,White counties Date of Division Decision: Denied 06-30-93 Appealed by: Applicant 07-13-93 Parties in Appeal: Pediatric Services of America Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Additional Information: Joined with project numbers 123-92, 012-93 and 019-92 Comparatively reviewed with project numbers 030-93 and 039-93. Pediatric Services of America 125-92 County: Richmond Description: Develop a home health agency for medically fragile, technology-dependent children to serve Burke, Columbia, Jefferson, McDuffie, and Richmond counties Date of Division Decision: Denied 05-21-93 Appealed by: Applicant 05-27-93 Parties in Appeal: Pediatric Services of America Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Pediatric Services of America 127-92 County: Bibb Description: Develop a home health agency for medically fragile, technology-dependent children to serve Bibb, Crawford, Houston, Jones, Monroe, Peach, and Twiggs counties Date of Division Decision: Denied 05-05-93 Appealed by: Applicant 05-11-93 Parties in Appeal: Pediatric Services of America Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Page4 Option Care of Southwest Georgia 062-93 County: Mitchell Description: Establish a high-technology home health agency to serve Calhoun, Clay, Dougherty, Randolph, and Terrell counties Date of Division Decision: Denied 11-12-93 Appealed by: Applicant 12-07-93 Parties in Appeal: Option Care of Southwest Georgia (Mitchell and Lee Counties) Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Option Care of Southwest Georgia 063-93 County: Lee Description: Establish a high-technology home health agency to serve Crisp, Lee, Sumter, and Worth Counties Date of Division Decision: Denied 11-12-93 Appealed by: Applicant 12-07-93 Parties in Appeal: Option Care of Southwest Georgia (Mitchell and Lee Counties) Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA ABC Home Health of Hiawassee 017-94 County: Towns Description: Develop a home health agency to serve Rabun, Towns, Union, and White counties Date of Division Decision: Denied 07-11-94 Appealed by: Applicant 08-08-94 Parties in Appeal: Applicant Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Additional Information: Joined with project number 034-94 Page 5 Satilla Regional Cancer Treatment 138-94 County: Wayne Description: Develop an outpatient radiation therapy center Date of Division Decision: Denied 06-22-95 Appealed by: Applicant 07-24-95 Parties in Appeal: Satilla and Southeast Georgia Medical Center Hearing Officer: Melvin W. Goldstein, Esq. Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Additional Information: Joined with project number 022-95 Southeast Georgia Regional Medical Center 022-95 County: Wayne Description: Develop a freestanding radiation therapy center Date of Division Decision: Denied 06-22-95 Appealed by: Applicant 07-24-95 Parties in Appeal: Applicant and Satilla Hearing Officer: Melvin W. Goldstein, Esq. Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Additional Information: Joined with project number 138-94 BEGINNING PROJECTS Project(s): # 031-98 The Emory Clinic North -Fulton County # 034-98 Saint Joseph's Hospital of Atlanta -Fulton County # 038-98 The Atlanta Cardiology Group -Fulton County # 039-98 Eastside Medical Center -Gwinnett County # 040-98 North Fulton Regional Hospital -Fulton County # 043-98 Piedmont Hospital -Fulton County # 044-98 Henry County Medical Center -Henry County Page 6 Description: Establish a DTRC with Adult Cardiac Catheterization Services The Emory Clinic North APPROVED 12-24-98 The Atlanta Cardiology Group APPROVED 12-24-98 Establish Adult Cardiac Catheterization Services in Hospital Eastside Medical Center DENIED 12-24-98 North Fulton Regional Hospital DENIED 12-24-98 Henry Medical Center APPROVED 12-24-98 Expand Existing Adult Cardiac Catheterization Services in Hospital Saint Joseph's Hospital of Atlanta APPROVED 12-24-98 Piedmont Hospital APPROVED 12-24-98 Appeal Posture: The Emory Clinic North 01-19-99 Request to Intervene in all Appeals Filed Saint Joseph's Hospital of Atlanta 01-22-99 Request to Intervene in any Appeal filed by North Fulton Reg. Hos. and Eastside Medical Center The Atlanta Cardiology Group 01-22-99 Request to Intervene in any Appeal filed by Eastside Medical Center, North Fulton Regional Hospital and Emory Eastside Medical Center 01-14-99 Appeal own Denial; 02-09-99 Appeal Withdrawn North Fulton Reg. Hospital 01-25-99 Appeal own Denial; Request to Intervene in any Appeal filed by Emory, St. Joseph's, Atlanta Cardiology, Piedmont Hos. and Henry Medical Center; 02-23-99 Appeal of Henry Med. Cen. withdrawn Piedmont Hospital No Appeal Henry Medical Center No Appeal lntervenor(s): Northside Hospital 01-14-98 Request to Intervene in Opposition to Eastside Medical Center and North Fulton Reg. Hos. Gwinnett Medical Hospital 01-15-99 Request to Intervene in Opposition to Emory Clinic, North Fulton Reg. Hos. and Eastside Medical Center Hearing Officer issued Order dismissing Henry Medical Center from Appeal. Henry Project can be implemented. 03-12-99.; Hearing Officer issued Order Dismissing Saint Joseph's from Appeal. Saint Joseph's Project can be Implemented; 05-11-99. Hearing Officer issued Order Dismissing Piedmont from Appeal. Piedmont's Project can be Implemented; 05-11-99. Atlanta Cardiology Group Motion for Summary Adjudication Granted by Hearing Officer during Hearing, 07-27-99; By Written Order 10-16-99. Hearing Officer: Melvin M. Goldstein Hearing Date: July 26-28, 1999 Hearing Decision: Hearing Officer Affirmed Division Decision to Approve a CON to Emory Clinic North. Hearing Officer Reversed Division Decision to Deny a CON to North Fulton Regional Hospital and Approved CON 11-18-99. Page 7 Review Board Decision: Northside and Gwinnett Appealed Hearing Officer's Decision to Full Review Board 12-13-99. Appeal to Superior Court: NIA Project(s): 033-98 048-98 051-98 Northside Ambulatory Surgery -Fulton County North Fulton Regional Hospital -Fulton County DaySurgery at Mill Creek -Gwinnett County Description: Establish a Free-Standing Ambulatory Surgery Facility Northside Ambulatory Surgery DENIED 01-29-99 DaySurgery at Mill Creek DENIED 01-29-99 Expand Existing Ambulatory Surgery Services in Hospital North Fulton Regional Hospital DENIED 01-29-99 Appeal Posture: Northside Ambulatory Surgery 02-08-99 Appeal own Denial; Request to Intervene in any Appeal by North Fulton Reg. Hos. and/or DaySurgery at Mill Creek City of Alpharetta 02-15-99 Request to Intervene in Support of Northside Ambulatory Surgery Baptist North Hospital 02-25-99 Request to Intervene in Opposition to ALL THREE Denied Applicants North Fulton Reg. Hos. 02-23-99 Request to Intervene in any Appeal by Northside Ambulatory Surgery and/or DaySurgery at Mill Creek DaySurgery at Mill Creek 02-23-99 Appeal own Denial Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: June 14-16, 1999. Hearing Decision: Hearing Officer Decision Affirmed Division Decision to Deny CON to Northside and DaySurgery at Mill Creek, 08-11-99 Review Board Decision: Northside Appealed to Full Review Board 09-09-99; North Fulton Filed Cross-Appeal to Review Board 09-13-99; Baptist North Filed Cross-Appeal to Review Board 09-13-99; Review Board Hearing Date: 11-22-99; Review Board Affirmed Hearing Officer's Decision 12-13-99. Appeal to Superior Court: N/A Project(s): (Joined for Review) Southwest Hospital and Medical Center- Fulton County Approved: 04-15-99 #054-98 Fayette Community Hospital - Fayette County Denied: 04-15-99 #067-98 Description: Establish Radiation Therapy Service on Hospital Campus Date of Appeal: Fayette Appealed own Denial and Southwest Approval 05-13-99 Page 8 Parties in Appeal: Applicants lntervenors: South Fulton Medical Center - Appeal Approval of Southwest and seek to intervene in Fayette Appeal 05-12-99 Cobb Center for Radiation Therapy - Appeal Approval of Southwest and seek to intervene in Fayette Appeal 05-12-99 Institution for Radiation Therapy - Appeal Approval of Southwest and seek to intervene in Fayette Appeal 05-12-99 Newnan Regional Radiation Therapy Center - Appeal Approval of Southwest and seek to intervene in Fayette Appeal 05-12-99 Griffin Regional Radiation Therapy Center - Seek to intervene in Fayette Appeal 04-30-99 Fayette Community Hospital- Withdrew All Appeals; 06-24-99. Hearing Officer: Jordan Lubin, Esq. Hearing Date: October 18-20, 1999 Hearing Decision: Hearing Officer Reversed Division Decision to Award CON to Southwest Hospital 12-27-99. Review Board Decision: N/A Appeal to Superior Court: N/A -END PROJECTS- Ameris of Georgia, Inc. d/b/a Smith Hospital 002-99 County: Lowndes Description: Replace and Relocate Existing 71-Bed General Acute Care Hospital Date of Division Decision: Denied 06-02-99 Appealed By: South Georgia Medical Center 06-09-99 Hearing Officer: Ellwood Oakley, Esq. Hearing Date: 09-30-99 thru 10-01-99; Continued to 10-12-99 Hearing Decision: Hearing Officer Affirmed Division Decision to Deny a CON to Smith Hospital, 12-11-00. Review Board Decision: N/A Appealed to Superior Court: NIA Page 9 Northeast Georgia Medical Center, Inc. 014-99 County: Hall Description: Establish an Open Heart Surgery Program Date of Division Decision: Denied 08-02-99 Appealed By: Applicant Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: December 6-8, 1999 Hearing Decision: Pending Review Board Decision: NIA Appealed to Superior Court: NIA Northside Hospital-Cherokee 018-99 County: Cherokee Description: Replace and Relocate Existing Acute Care Hospital Date of Division Decision: Approved 08-18-99 Appealed By: Wellstar Kennestone Hospital 09-13-99 Hearing Officer: Clifford M. Weiss, Esq. Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Oconee Regional Medical Center 026-99 County: Baldwin Description: Establish a 15-Bed Adult Comprehensive Inpatient Physical Rehabilitation Program Date of Division Decision: Denied 09-09-99 Appealed By: Applicant 10-07-99; Walton Rehabilitation Hospital Requested Intervention 10-05-99; Coliseum Park Hospital Requested Intervention 10-07-99 Hearing Officer: Melvin W. Goldstein, Esq. Hearing Date: Pending Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Page 10 Baptist Medical Center 017-99 County: Forsyth Description: Add 14 Acute Care Beds Date of Division Decision: Denied 09-16-99 Appealed By: Applicant 10-13-99 Hearing Officer: Ellwood Oakley, Esq. Hearing Date: 01-31-2000 thru 02-04-2000 Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Bryan County Nursing Home 036-99 County: Bryan Description: Establish Comprehensive Center for Alzheimer's Patients (Alternative Health Care Model) Date of Division Decision: Denied 09-28-99 Appealed By: Applicant 10- 27-99 Hearing Officer: Clifford M. Weiss, Esq. Hearing Date: Pending Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Palmyra Park Hospital, Inc. 031-99 County: Dougherty Description: Establish a 7-Bed Basic Perinatal Service Date of Division Decision: Denied 11-03-99 Appealed By: Applicant 11-08-99; Phoebe Putney Memorial Hospital Requested Intervention to Oppose Application 11-22-99 Hearing Officer: Clifford M. Weiss, Esq. Hearing Date: Pending Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Page 11 South Georgia Medical Center 042-99 County: Lowndes Description: Renovate and Modernize Perinatal Services Date of Division Decision: Approved 11-04-99 Appealed By: Smith Hospital, Intervenor 12-02-99 Hearing Officer: Melvin M. Goldstein, Esq. Hearing Date: Pending Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Coliseum Medical Center, LLC 061-99 County: Bibb Description: Establish an Adult Open Heart Surgery Program Date of Division Decision: Denied 11-24-99 Appealed By Applicant, 12-10-99; Intervention in Opposition ot Application by Medical Center of Central Georgia, 12-15-99 Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: Pending Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA Page 12