SC Legislature drawn into SC hospital fight
The Legislature might become part of the legal fight over who gets to build a Fort Mill Hospital.
Carolinas HealthCare System argues the Legislature overstepped its authority when it required companies appealing a certificate-of-need decision to post a bond before a case can be heard by the state Court of Appeals.
Carolinas HealthCare System said the bond requirement is unconstitutional under federal and state law and that under the current legislation, “there is no right for judicial review; rather, judicial review is a legislatively created privilege available to those who are able and willing to purchase it.”
The legislative requirement interferes with the state court’s constitutional authority to set its own rules, Carolinas HealthCare System attorneys said in filings last month with the state Court of Appeals. The court system has its own procedures covering appeal bonds that gives the appellate court “considerable discretion” in determining whether a bond is appropriate, Carolinas HealthCare System argued.
State law requires a bond equal to 5 percent of the total cost of a project up to $1.5 million. If the company awarded the certificate of need wins the case, the court “shall award” the bond to that company, according to state law.
Carolinas HealthCare System posted the $1.5 million bond, appealing a state Administrative Law Court decision awarding the certificate of need to Piedmont Medical Center last December.
The two health care companies have battled for nearly 10 years for the right to build a hospital in the Fort Mill area. Their efforts have been before the state Department of Health and Environmental Control, which issues certificates of need, and in court. The Administrative Law Court has ruled twice for Piedmont Medical Center and once for Carolinas HealthCare System.
No date has been set for the Court of Appeals to hear the case.
Piedmont Medical Center plans to build a 100-bed hospital at the intersection of S.C. 160 and U.S. 21 Bypass. As proposed in 2010, PMC’s Fort Mill hospital would have all the services of a community hospital – general surgery, emergency department, labor and delivery, and advanced imaging. Estimated cost is about $120 million.
Carolinas HealthCare System filed a motion March 17 requesting relief from the bond requirement and issuing a stay to prevent Piedmont Medical Center from building a Fort Mill hospital while the matter is being litigated.
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This story was originally published April 2, 2015 at 2:02 PM with the headline "SC Legislature drawn into SC hospital fight."