Opinion
21-ALJ-07-0146-CC 21-ALJ-07-0147-CC
08-12-2021
Conway Hospital, Inc. d/b/a Conway Medical Center, Petitioner, v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast, Respondents. Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center, Petitioner, v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast, Respondents.
Ashley C. Biggers, Esquire Vito M. Wicevic, Esquire Rupinderjit Grewal, Esquire SCDHEC - Office of General Counsel Attorneys for South Carolina Department of Health and Environmental Control William R. Thomas, Esquire J. Evan Phillips, Esquire PARK.ER POE ADAMS & BERNSTEIN LLP Attorneys for Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center Trudy H. Robertson, Esquire Donald Bancroft Meyer, Esquire Douglas M. Muller, Esquire MOORE & VAN ALLEN, PLLC Attorneys for McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast Jennifer J. Hollingsworth, Esquire Shannon V. Lipham, Esquire Hamilton B. Barber, Esquire NEXSEN PRUET, LLC Attorneys for Conway Hospital, Inc. d/b/a Conway Medical Center
Ashley C. Biggers, Esquire Vito M. Wicevic, Esquire Rupinderjit Grewal, Esquire SCDHEC - Office of General Counsel Attorneys for South Carolina Department of Health and Environmental Control
William R. Thomas, Esquire J. Evan Phillips, Esquire PARK.ER POE ADAMS & BERNSTEIN LLP Attorneys for Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center
Trudy H. Robertson, Esquire Donald Bancroft Meyer, Esquire Douglas M. Muller, Esquire MOORE & VAN ALLEN, PLLC Attorneys for McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast
Jennifer J. Hollingsworth, Esquire Shannon V. Lipham, Esquire Hamilton B. Barber, Esquire NEXSEN PRUET, LLC Attorneys for Conway Hospital, Inc. d/b/a Conway Medical Center
CONSENT ORDER OF CONSOLIDATION
H.W. FUNDERBURK, JR. ADMINISTRATIVE LAW JUDGE
Both of the above-captioned contested case proceedings involve Respondent South Carolina Department of Health and Environmental Control's (DHEC or Department) February 22, 2021 decision to grant a Certificate of Need (CON) to McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast ("McLeod") for the establishment of emergent and elective PCI services at a total project cost of $1,301,230 and the DHEC Board's April 16, 2021 decisions not to conduct a final review conference of the staff decision, thereby rendering the staff decision the final agency decision.
In the case captioned Conway Hospital Inc. d/b/a Conway Medical Center v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast, Docket No.: 21-ALJ-07-0146-CC, Conway Hospital, Inc. d/b/a Conway Medical Center challenged DHEC's decision approving McLeod's CON Application and the DHEC Board's decision not to conduct a final review conference on the matter. In the case captioned Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital d/b/a McLeod Health Seacoast, Docket No.: 21-ALJ-07-0147-CC, Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center challenged DHEC's decision approving McLeod's CON Application and the DHEC Board's decision not to conduct a final review conference on the matter.
In light of the common issues of law and fact among the above-captioned contested cases, the parties have requested that the matters be consolidated for discovery and for trial. Rule 42(a) of the South Carolina Rules of Civil Procedure (SCRCP) states that "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all matters in issue in the action; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.'" Rule 42(a), SCRCP (emphasis added). Similarly, Rule 19D of the Rules of Procedure for the Administrative Law Court (SCALC) states that "[w]hen two or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters at issue at each such hearing, the administrative law judge may upon motion by any party or on his own motion order that a consolidated hearing be conducted." SCALC Rule 19D (emphasis added).
It is clear from the Petitions for Administrative Review that there will be significant and substantial overlap in the two contested case proceedings. Because these proceedings involve the same respondents and CON application, I find that consolidation for discovery and trial purposes is appropriate and will promote judicial economy to the greatest extent. Without consolidation, there will be significant duplication of time, expense and effort, with an excessive burden of expense for respondents, and could potentially result in inconsistent findings and/or conclusions in the otherwise parallel proceedings.
Therefore, based on the consent of the parties and a review of the file, I find that the actions entitled Conway Hospital, Inc. d/b/a Conway Medical Center v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast, Docket No.: 21-ALJ-07-0146-CC, and Grand Strand Regional Medical Center LLC, d/b/a Grand Strand Medical Center v. South Carolina Department of Health and Environmental Control and McLeod Loris Seacoast Hospital, d/b/a McLeod Health Seacoast, Docket No.: 21-ALJ-07-0147-CC, are hereby consolidated for both discovery and trial purposes and shall henceforth be captioned as shown in this Order.
IT IS SO ORDERED.