DCH Division of Health Planning OFFICE OF GENERAL COUNSEL Georgia Department of Community Health CERTIFICATE OF NEED APPEALS REPORT through JANUARY 31, 2002 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 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. Case Remanded by Consent Order to Department 10-25-01. Applicant to file amended CON application by 11-24-01. Amended application currently under review. 60-Day Decision Date 01-22-02. Application approved on remand 01-18-02. 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. Case Remanded by Consent Order to Department 10-25-01. Applicant to file amended CON application by 11-24-01. Amended application currently under review. 60-Day Decision Date 01-22-02. Application approved on remand 01-18-02. 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 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. Page 2 Appealed by: Applicant 05-11-93. Applicant request re-opening of case 07-25-01. Case Remanded by Consent Order to Department 10-25-01. Applicant to file amended CON application by 11-24-01. Amended application currently under review. 60-Day Decision Date 01-22-02. Application approved on remand 01-18-02. Hearing Officer: Jordan Lubin, Esq. Hearing Date: N/A Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A 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, 01-14-02 01-17-02. Motion for Summary Judgment Hearing Held 12-14-01. Application Remanded to Department by Hearing Officer Order 01-16-02. Case not heard. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A 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, 01-14-02 01-17-02. Motion for Summary Judgment Hearing Held 12-14-01. Hearing Held 01-14-02 01-15-02. Hearing Decision: Pending Review Board Decision: N/A Appealed to Superior Court: N/A Page 3 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. Hearing Decision: Hearing Officer Affirmed Award of CON 12-24-01. Gwinnett, St. Joseph's and North Fulton filed Objections to Hearing Officer Decision to full Review Board. Review Board Hearing date to be set. 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: 01-31-02 02-01-02. Hearing continued while settlement discussions pending. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A 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: Melvin M. Goldstein, Esq. Hearing Date: 02-20-02 02-22-02; 02-25-02. Hearing Decision: N/A Page 4 Review Board Decision: N/A Appealed to Superior Court: N/A Northside/Alpharetta Outpatient Surgery Center 2001-035 WellStar Kennestone East Cobb Ambulatory Surgery Center 2001-043 Gwinnett Outpatient Center at Mill Creek 2001-048 County: Fulton; Cobb; Gwinnett Description: Establish free-standing ambulatory surgery centers.. Date of Division Decision: All three projects approved 10/10/01. Appealed By: EHCA Eastside, LLC (Intervenor) appealed Gwinnett; Baptist Medical Center (Intervenor) appealed Northside; North Fulton Medical Center (Intervenor) appealed all three applicants. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: 02-04-02 02-08-02. Hearing Decision: Pending Review Board Decision: N/A Appealed to Superior Court: N/A Decatur Health Imaging, LLC 2001-42 County: Dekalb Description: Establish PET services in a free-standing imaging center . Date of Division Decision: Denied 09-28-01. Appealed By: Applicant 10-29-01. Hearing Officer: Jordan E. Lubin, Esq. Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A Physicians MRI, Inc. d/b/a Open MRI of Macon 2001-51 County: Bibb Description: Establish MRI services in a free-standing imaging center . Date of Division Decision: Approved 10-30-01. Appealed By: North Atlanta Scan Associates, Inc. d/b/a Open Macon Imaging Center (Intervenor) 11-28-01. Intervenor withdrea appeal 01-24-02. Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: Hearing Decision: N/A Page 5 Review Board Decision: N/A Appealed to Superior Court: N/A WELLSTAR KENNESTONE HOSPITAL 2001-61 County: Cobb Description: Establish Adult Open Heart Surgery Program . Date of Division Decision: Approved 12-14-01. Appealed By: Piedmont Hospital, Inc. 01-09-02 (Intervenor) and Saint Joseph's Hospital of Atlanta 01-09-02 (Intervenor). Hearing Officer: Pending Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A SCOTTISH RITE CHILDREN'S MEDICAL CENTER, INC. 2001-69 County: Gwinnett Description: Establish Ambulatory Surgery Service at Satellite Clinic. Date of Division Decision: Approved 01-02-02. Appealed By: Gwinnett Hospital System (Gwinnett Medical Center, Joan Glancy Memorial Hospital) 01-29-02 (Intervenor). Hearing Officer: Pending Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A Page 6