Certificate-of-need appeals report [Oct. 2000]

~---
i GA
H72D
'"' "e1 C,35

DIVISION OF HEALTH PLANNING
Georgia Department of Community Health
CERTIFICATE OF NEED
APPEALS REPORT
Summarizing the month of
OCTOBER 2000
Prepared by JohnH. Rice Communications Manager
Georgia Department of Community Health Division of Health Planning 2 Peachtree Street Suite 34.262 Atlanta, Georgia 30303-3159 (404) 656-0655 (404) 656-0654 fax
www .communityhealth.state.ga.us

Division of Health Planning Certificate-of-Need Tracking Report
Subscription Order Form

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. For additional information contact:
John H. Rice, Communications Manager, at 404-656-0414 Email: jrice@dch.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, Inc. 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. Hearing Officer: No appointment yet Hearing Date: Appeal hearing not yet scheduled Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
ABC Home Health Services of Nashville, Inc. 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. Hearing Officer: No appointment yet Hearing Date: Appeal hearing not yet scheduled Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
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 05-93. Appealed By: Applicant 06-08-93. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Appeal10.doc

Page 3

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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A 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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Appeal1 O.doc

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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
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. Hearing Officer: No appointment yet Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A Additional Information: Joined with project number 034-94.

Appeal 10.doc

Page 5

Satilla Regional Cancer Treatment Center ' 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 and Southeast Georgia Medical Center Hearing Officer: Melvin W. Goldstein, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A 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 and Satilla Regional Cancer Treatment Center Hearing Officer: Melvin W. Goldstein, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A Additional Information: Joined with project number 138-94
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: No Hearing Hearing Decision: Hearing Officer granted Wellstar Kennestone Hospital Motion for Summary Adjudication 01-14-00. Northside-Hospital Cherokee and Division appealed Hearing Officer's decision to full Review Board. Review Board hearing set for 04-26-00. Review Board hearing held 04-28-00. Review Board Decision: Review Board reversed Hearing Officer decision in part, affirmed in part, and remanded case back to Hearing Officer 05-26-00. Appealed to Superior Court: Northside Hospital Cherokee filed Petition for Judicial Review in Cherokee County Superior Court 06-02-00.

Appeal1 O.doc

Page 6

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: 02-28-00 thru 03-03-00. Appeal hearing held 03-15-00 thru 03-17-00. Hearing Decision: Hearing Officer affirmed Division decision 06-30-00. Review Board Decision: Palmyra Park appealed to full Review Board 07-24-00. Review Board hearing held 09-06-00. Full Review Board affirmed Hearing Officer's decision 0912-00. Appeal to Superior Court: Palmyra Park Hospital filed for Petition for Judicial Review in _ Dougherty County Superior court 10-10-00.

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 to application by Medical Center of Central Georgia, 12-15-99. Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: 04-17-00 thru 04-21-00. Hearing Decision: Hearing Officer affirmed Division decision 06-19-00. Review Board Decision: Coliseum appealed to full Review Board 07-24-00. Review Board hearing held 09-06-00. Full Review Board reversed Hearing Officer's decision and awarded a CON to Coliseum 09-12-00. Appealed to Superior Court: Medical Center of Central Georgia filed Petition for Judicial Review in Bibb County Superior Court 10-05-00.

Redmond Regional Medical Center 074-99 County: Floyd Description: Establish an adult comprehensive inpatient physical rehabilitation program Date of Division Decision: Denied 01-10-00. Appealed By: Applicant 01-26-00. Hearing Officer: Jordan E. Lubin, Esq. Hearing Date: 05-25-00, 05-26-00 and 05-31-00. Hearing Decision: Hearing Officer affirmed Division decision 07-14-00. Redmond Regional Medical Center appealed to full Review Board 08-18-00. Redmond Regional Medical Center filed a Motion for Leave to Present Additional Evidence 08-22-00. Review Board Decision: Review Board granted Motion for Leave to Present Additional Evidence 10-05-00. Hearing Officer remanded application to division 10-10-00. Division

Appeal10.doc

Page 7

remand decision on adverse impact due 15 days after Redmond submission of amendment. Appealed to Superior Court: N/A
EHCA Eastside, LLC d/b/a Emory Eastside Medical 094-99 County: Gwinnett Description: Add adult psychiatric acute care beds to existing program Date of Division Decision: Denied 06-19-00. Appealed By: Applicant 07-11-00. Hearing Officer: Melvin M. Goldstein, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
Newton General Hospital, Inc. 2000-11 County: Newton Description: Acquire angiography diagnostic equipment/construct angiography suite Date of Division Decision: Approved 06-27-00. Appealed By: Rockdale Hospital, Intervenor 07-11-00. Hearing Officer: Jordan Lubin, Esq. Hearing Date: November 15, 16, 2000. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
EHCA Eastside, LLC d/b/a Emory Eastside Medical Center 2000-24 County: Gwinnett Description: Establish an adult cardiac catheterization service Date of Division Decision: Approved 10-06-00. Appealed By: Gwinnett Hospital System, lntervenor10-26-00., DeKalb Medical Center, Intervenor 10-27-00. and St. Joseph's Hospital of Atlanta, Intervenor 10-27-00. Hearing Officer: N/A Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Appeal1 O.doc

Page 8

COMMENTS:
IMPORTANT NOTICE: In an effort to facilitate the distribution of our information to you and avoid duplication of expensive mass mailings, the Division of Health Planning (DHP) is currently planning to post on our web site all future public "Notices of Intent to Adopt Rules". Our web site address is
www.communityhealth.state.ga.us We will keep you informed of any changes to our mailing lists.

Appeal1 O.doc

Page 9