Carolinas Healthcare files motion for reconsideration in CON fight for Fort Mill hospital

Posted April 9, 2014 5:51 pm | Filed under Featured, Local News

Carolinas Healthcare Systems has filed a motion for reconsideration with the S.C. Administrative Law Court over the agency’s recent decision to award a Certificate of Need to Rock Hill’s Piedmont Medical Center.

Piedmont and Carolinas Healthcare have been in a heated debate to win that state issued certificate — one that, by law, is required before new healthcare providers can build new facilities or add additional equipment or services.

As expected, Carolinas Healthcare’s appeal to that decision came within the 30-day period set by Judge Phillip Lenski.

Carolinas Healthcare contends Lenski’s decision violates the Dormant Commerce Clause of the U.S. Constitution, that the court’s application of the project review criteria is unsupported by the evidence provided, that the court’s findings of fact and conclusion of the law are incomplete., that the court did not properly address the weight of adverse impact or conduct a balancing analysis, that the court’s findings and conclusions on York County are erroneous, that the court’s admission and reliance on testimony of ‘independent’ physicians was erroneous and that the court created a project review criterion that does not exist under state law.

ATTACHMENT: CHS_motion_for_Reconsideration