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DHEC Certificate of Need lawsuit

DHEC Certificate of Need lawsuit

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Published by The State Newspaper
DHEC Certificate of Need lawsuit
DHEC Certificate of Need lawsuit

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Published by: The State Newspaper on Jul 01, 2013
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01/22/2014

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THE
STATE
OF
SOUTH
CAROLINA
IN THE
Supreme
COURT
In the
OriginalJurisdiction
•),.
.
South
Carolina
Department
of
Health
&
Environment
Control,
Peti|jqne|;
V.
South
Carolina
Hospital
Association
and
South
Carolina
Health
Care
Association,
each of these
individually
and as
representative
of
their
member
applicants
under
the State
Certification
of
Need
and
HealthFacility
Licensure Act, ........ Respondents.
NOTICE
TO RESPOND
TO: THE
RESPONDENTS
ABOVE-NAMED:
PLEASE TAKE
NOTICE
that
as provided by Rule
245 of the
South Carolina Rulesof Appellate Procedure you have twenty (20) days
after
the
service of
this
notice to
file
areturn to the
petition
in this
matter,
a copy of
which
is herewith served upon you, and toserve a copy of your return upon the subscribers or any of
them
at either oftheiroffices,namely,
2600
Bull Street, Columbia, SC
29201,
or
1229
Lincoln Street, Columbia, SC
29201.
W. Marshall
Taylor,
Jr.SC Bar No.
16646
SC Dept. of Health & Environmental Control
2600
Bull StreetColumbia, SC
29201
(803)898-3350
Ashley C BggersSC Bar No.
17225
SC Dept. of Health & Environmental Control
2600
Bull StreetColumbia, SC
29201
(803)898-3350
James B. Rchardson, Jr.SC Bar No.
47181229
Lncoln StreetColumbia, SC
29201
(803)799-9412
July
1, 2013.
 
THE
STATE
OF
SOUTH
CAROLINA
IN THE
Supreme
COURT
In the
OriginalJurisdiction
South
Carolina
Department
of
Health
&
Environment
Control,
Petitioner,
v.
South
Carolina
Hospital
Association
and
South
Carolina
Health
Care
Association,
each of
these
individually
and as
representative
of
their
member applicants
under
the
State
Certification
of
Need
and
HealthFacility
Licensure
Act
Respondents.
PETITION
TO FILE
ACTION
IN THE
ORIGINAL JURISDICTION
TO: THE
HONORABLE
CHIEF
JUSTICE
AND
ASSOCIATE
JUSTICES
OF THE
SUPREME
COURT
OF
SOUTH
CAROLINA:
Your
petitioner, the South Carolina Department of Health
&
Environmental Control,respectfully petitions the
Court
to entertain this action in its original jurisdiction. Asgrounds, petitioner would show as follows:
1.
Petitioner is the sole
agency
charged with administering the SateCertification of
Need
and Health Facility Lcensure Act, SC
Code
Ann.§§44-7-110,-230(hereafter, "the Act"), and more particularly Section
44-7-140.2.
Respondents South Carolina Hospital Association
("SCHA")
and SouthCarolina Health
Care
Association
("SCHCA")
are
associations whose membership includesmany parties affected by the Act, inasmuch as these members are often subject to therequirements of
the
Act when they seek
to
engage in activity regulated by
the
Act.
SCHA
and
SCHCA
are joined in this action because, upon information and belief, their
1
 
memberships are too numerous
to
include as respondents herein, many
of
whom
will
notbe directly affected by
the
subject
matter
of
thecomplaintin
any case; and because theseassociations
will
wish to be heard in regard to the subject of this action inasmuch as thesubject
matter will
or could affect a substantial number of their members.
3.
Petitioner's administration of the Act involves the activity of numerousemployees and requires petitioner
to
expend substantial sums of money each fiscal year.
These
expenditures are funded by the General Assembly by annual appropriationspecifically
identified
for the purpose of
administering
the Act.
4.
Forthe purpose of
funding
petitioner's
administration
of
the
Act
during
Fiscal
Year
2013-14,
which begins
July
1,2013,
the General Assembly passed Bill No.
3710
on
June
19, 2013. In Section 34, Item F2, of Bill No. 3710, the General Assemblyappropriated the sum of
$1.4
million
of State general funds for petitioner's administrationof
the
Act.
5.
On
June
25,
2013,
Section
34,
Item F2, of
Bill
No.
3710
was vetoed by theHonorable Nikki Haley,
Governor
of
the
State of South Carolina.
6.
On
June
26,
2013,
Governor Haley's
veto of Section
34,
Item F2, of
Bill
No.
3710
was sustained by the South Carolina
House
of Representatives.
7.
The General Assembly has adjourned
sine die.
8.
Beginning
July
1,2013,
the petitioner
will
have no funds appropriated by
the
General Assembly for
the
purpose of
administering
the Act, thereby rendering
the
Act anunfunded mandate during Fiscal
Year
2013-14.9.
With stated exceptions, the Act provides as follows:A person orhealthcare
facility
as defined
in
this
article
is required to obtain a Certificate of
Need
from
the department before undertaking any of
thefollowing:
***The Act then identifies a number of actions requiring a Certificate of Need, such as "theconstruction or other establishment of a new health care facility
*
* * ." s
.C.
Code
Ann.
2

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