Certificate-of-need appeals report [Sept. 2001]

DHP Division of Health Planning

OFFICE OF GENERAL COUNSEL
Georgia Department of Community Health
CERTIFICATE OF NEED
APPEALS REPORT
through September 30, 2001
Georgia Department of Community Health Office of General Counsel 2 Peachtree Street Suite 34.262 Atlanta, Georgia 30303-3159 (404) 656-0655 (404) 656-0654 fax
www.communityhealth.state.ga.us

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. Applicant request re-opening of case 07-25-01. Hearing Officer: Jordan Lubin, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A
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. Applicant request re-opening of case 07-25-01. Hearing Officer: Jordan Lubin, 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 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. Applicant request re-opening of case 07-25-01. Hearing Officer: Jordan Lubin, Esq. 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 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. Applicant request re-opening of case 07-25-01. Hearing Officer: Jordan Lubin, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

American Transitional Hospitals d/b/a Select Specialty Hospital 2000-35 County: Fulton Description: Establish a 30-bed Long term Acute Care Unit at Crawford Long Hospital; relocate unit from West Paces Hospital. Date of Division Decision: Approved 10-25-00.. Appealed By: Vencor Hospital - Atlanta, Intervenor 11-02-00. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: 01-04-01. and 01-05-01. Hearing Decision: Hearing Officer affirmed Division decision 02-12-01. Vencor appealed to full Review Board 03-19-01. Review Board hearing to be held 05-21-01. Review Board Decision: Review Board affirmed Hearing Officer decision 05-22-01. Appealed to Superior Court: Vencor filed Petition for Judicial Review in Fulton County Superior Court 06-20-01.

EHCA Peachtree, LLC 2000-42 County: Coweta Description: Replace/Relocate Existing Facility Date of Division Decision: Approved 12-12-00. Appealed By: Newnan Hospital, Intervenor 01-09-01. Hearing Officer has consolidated appeal hearing with Newnan Hospital case. Hearing Officer: Jordon E. Lubin, Esq. Hearing Date: 08-27-01. through 08-30-01. Hearing continued to 10-03-01 status conference. New Hearing Date set, 01-15-02 01-18-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

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Newnan Hospital, Inc. 2000-50 County: Coweta Description: Replace Existing Facility Date of Division Decision: Approved 01-05-01. Appealed By: Emory Peachtree Regional Hospital, Intervenor 02-03-01. Hearing Officer has consolidated appeal hearing with EHCA Peachtree Hospital case. Hearing Officer: Jordon E. Lubin, Esq. Hearing Date: 08-27-01. through 08-30-01. Hearing continued to 10-03-01 status conference. New Hearing Date set, 01-15-02 01-18-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Emory Cartersville Medical Center 2000-60 County: Bartow Description: Establish an adult cardiac catheterization service Date of Division Decision: Denied 03-15-01. Applicant joined for review with Redmond Regional Medical Center (2000-063) (Approved 03-15-01) and Floyd Medical Center (2000-071) (Approved 03-15-01). Appealed By: Applicant appealed own denial and approval of Floyd Medical Center 0327-01. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: 07-25-01. Hearing date continued. Settlement agreement reached 08-2101. CON awarded to Emory Cartersville, Floyd, Redmond. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

EHCA, LLC d/b/a Emory Johns Creek Hospital 2000-65 County: Fulton Description: Establish a 110-bed acute care hospital by consolidation and replacement Date of Division Decision: Approved 03-02-01. Appealed By: Georgia Baptist Health Care System & Baptist Medical Center (Intervenor) 03-28-01; Gwinnett Hospital System, Inc. d/b/a Gwinnett Medical Center and Joan Glancy Memorial Hospital (Intervenor) 03-30-01; St. Joseph's Hospital of Atlanta (Intervenor) 03-28-01; North Fulton Medical Center, Inc. d/b/a North Fulton Regional Hospital (Intervenor) 03-26-01. Hearing Officer: Melvin M. Goldstein, Esq. Hearing Date: 09-10-01. thru 09-14-01. Motion for Summary Judgment Hearing 08-30-01.

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

Georgia Baptist Healthcare System, Inc. d/b/a Baptist Medical Center 2000-80 County: Forsyth Description: Add 37 acute care beds to existing acute care facility. Date of Division Decision: Approved 05-16-01. Appealed By: Chestatee Regional Hospital (Intervenor) 06-05-01. Hearing Officer: Clifford M. Weiss, Esq. Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Emanuel Medical Center 2001-06 County: Emanuel Description: Establish a 10-bed adult psychiatric and substance abuse unit. Date of Division Decision: Denied 07-16-01. Appealed By: Applicant 07-18-01. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: 11-05-01 11-06-01 Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

PET Imaging Center of Macon 2001-04 PET Imaging Center of Lawrenceville 2001-07 PET Imaging Center of Fayetteville 2001-08 PET Imaging Center of Savannah 2001-10 PET Imaging Center of Columbus 2001-11 Diagnostic PET LLC 2001-17 County: Bibb, Gwinnett, Fayette, Chatham, Muscogee, and Schley Description: Establish fixed-based and mobile PET services. Date of Division Decision: Denied 07-13-01. Appealed By: PET Imaging Centers 07-26-01; Diagnostic PET 08-08-01. Hearing Officer: Jordan E. Lubin, Esq. Hearing Date: 11-15-01 11-16-01 Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

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Satilla Regional Medical Center 2001-14 County: Ware Description: Establish Adult Open Heart Surgery Services. Date of Division Decision: Denied 08-24-01.. Appealed By: Applicant 09-20-01; South Georgia Medical Center (Intervenor) 09-20-01. Hearing Officer: Not assigned Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

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