Amisub of South Carolina, Inc. v. SCDHEC
Annotate this CaseThis matter began as a contested case in the administrative law court (ALC) brought by Amisub of South Carolina, Inc., (d/b/a Piedmont Medical Center (Piedmont)). The dispute arose out of Piedmont's contention that an urgent care center operated by a competitor, Carolinas Physicians Network, Inc. (CPN), was required to have a Certificate of Need (CON) or a Non-Applicability Determination (NAD) from the South Carolina Department of Health and Environmental Control (DHEC). The ALC granted summary judgment to CHS and CPN on the basis the urgent care center was a licensed private physician's office and, thus, exempt from CON review as a matter of law. The Court of Appeals reversed, finding summary judgment was premature, and remanded to allow Piedmont the opportunity to conduct discovery. The Court of Appeals rejected DHEC's argument that the ALC did not have subject matter jurisdiction in this case because the agency had issued no staff decision subject to a contested case hearing. The Supreme Court granted DHEC's petition for a writ of certiorari as to the issue of jurisdiction and reversed. The Court concluded the Court of Appeals erred in finding Piedmont has established the existence of a staff decision by DHEC that was properly the subject of a contested case hearing and in remanding the matter for discovery and further proceedings.
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