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

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DIVISION OF HEALTH PLANNING
Georgia Department ofCommunity Health
CERTIFICATE OF NEED
APPEALS REPORT
APRIL2000
Prepared by JohnH. Rice Public Information Officer
Georgia Department of Community Health Division of Health Planning 2 Peachtree Street, NW 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

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.
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Status of Certificate-of-Need Appeals Report tracks both the administrative and judicial appeals process.

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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. 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. 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 05-93. Appealed By: Applicant 06-08-93. Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA

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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: NIA 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

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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: NIA 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: NIA Additional Information: Joined with project number 034-94.

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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: 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. and Satilla Regional Cancer Treatment 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 138-94

BEGINNING JOINED PROJECTS in APPEAL
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
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

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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
Medical Center 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 1016-99. Hearing Officer: Melvin M. Goldstein Hearing Date: 07-26-99 thru 07-28-99 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. Review Board Decision: Northside and Gwinnett appealed Hearing Officer's decision to Full Review Board 12-13-99; Review Board hearing 02-23-00. Review Board hearing held on 02-23-00. Review Board affirmed Hearing Officer's decision, 03-17-00. Appeal to Superior Court: No

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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: DaySurgery at Mill Creek filed petition for judicial review in Gwinnett county superior court, 01-2000.

Project(s): (Joined during Review) 054-98 Southwest Hospital and Medical Center - Fulton County Approved: 04-15-99. 067-98 Fayette Community Hospital - Fayette County Denied: 04-15-99.

Description: Establish radiation therapy service on hospital campus Date of Appeal: Fayette appealed own denial and Southwest approval 05-13-99.

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lntervenor(s): 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 hearing 02-23-00. Review Board hearing held 02-2300. Review Board Decision: Review Board affirmed Hearing Officer's decision, 03-17-00. Appeal to Superior Court: No
-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, 12-11-99; Review Board hearing 02-23-00. Review Board hearing held 02-2300. Review Board Decision: Review Board reversed Hearing Officer's decision and awarded CON to Smith Hospital, 03-22-00. Appealed to Superior Court: South Georgia Medical Center filed Petition for Judicial Review in Lownes County Superior Court, 04-20-00.

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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: 12-06-99 thru 12-08-99. Hearing Decision: Hearing Officer reversed Division decision to deny a CON to Northeast Georgia Medical Center; CON awarded 03-10-00. Division filed appeal to full Review Board, 04-07-00. Review Board Decision: N/A Appealed to Superior Court: N/A
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-Cherokee Hospital 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: Pending Appealed to Superior Court: N/A
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: 06-05-00. thru 06-06-00. Hearing Decision: NIA Review Board Decision: N/A Appealed to Superior Court: N/A

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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: 01-31-00 thru 02-01-00. Hearing Decision: Hearing Officer affirmed Division decision, 04-17-00. 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: 02-28-00 thru 03-03-00. Appeal hearing held 03-15-00 thru 03-17-00. Hearing Decision: Pending Review Board Decision: N/A Appealed to Superior Court: NIA
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: 03-07-00 thru 03-08-00. Hearing Decision: Pending Review Board Decision: N/A Appealed to Superior Court: NIA

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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: Pending Review Board Decision: N/A Appealed to Superior Court: NIA
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: NIA Review Board Decision: N/A Appealed to Superior Court: NIA
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