Certificate-of-need appeals report [June 2000]

DIVISION OF HEALTH PLANNING
Georgia Deparlment of Community Health
CERTIFICATE OF NEED
APPEALS REPORT
Summarizing the month of
JUNE2000
Prepared by JohnH. Rice Public Information Officer
Georgia Department of Community Health Division ofHealth 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.

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 H. Rice, Public Information Officer, at 404-656-0414 Email: jricti@llch.state.ga.us

MAKE CHECK PAYABLE TO: MAILTO:

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

APPEAL06.DOC

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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: 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. 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. Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA

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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: 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. 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. 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.

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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: 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 Cmmty: 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: NIA Additional Information: Joined with project number 138-94
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 hearing held 06-28-00. Review Board Decision: Review Board affirmed Hearing Officer decision 07-07-00. Appealed to Superior Court: NIA

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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. Baptist Medical Center appealed to full Review Board 05-19-00. Review Board Decision: Baptist Medical Center withdrew appeal to full Review Board 0623-00. 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: 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 Judical Review in Cherokee County Superior Court 06-02-00.

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: NIA Appealed to Superior Court: N/A

APPEAL06.DOC

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DIVISION OF HEALTH PLANNING
Georgia Deparlment of Community Health
CERTIFICATE OF NEED
APPEALS REPORT
Summarizing the month of
JUNE2000
Prepared by JohnH. Rice Public Information Officer
Georgia Department of Community Health Division ofHealth 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.

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 H. Rice, Public Information Officer, at 404-656-0414 Email: jricti@llch.state.ga.us

MAKE CHECK PAYABLE TO: MAILTO:

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

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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: 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. 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. Hearing Officer: No appointment yet Hearing Date: NIA Hearing Decision: NIA Review Board Decision: NIA Appealed to Superior Court: NIA

APPEAL06.DOC

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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: 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. 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. 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.

APPEAL06.DOC

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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: 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 Cmmty: 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: NIA Additional Information: Joined with project number 138-94
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 hearing held 06-28-00. Review Board Decision: Review Board affirmed Hearing Officer decision 07-07-00. Appealed to Superior Court: NIA

APPEAL06.00C

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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. Baptist Medical Center appealed to full Review Board 05-19-00. Review Board Decision: Baptist Medical Center withdrew appeal to full Review Board 0623-00. 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: 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 Judical Review in Cherokee County Superior Court 06-02-00.

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: NIA Appealed to Superior Court: N/A

APPEAL06.DOC

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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: Hearing Officer affirmed Division decision 06-01-00. Smith Hospital appealed Hearing Officer decision to full Review Board 06-15-00. Review Board Decision: NIA Appealed to Superior Court: N/A
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: 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: Pending Review Board Decision: N/A Appealed to Superior Court: N/A

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APPEAL06.DOC

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