Contested Case Log
August 2009
Bells Quality Care of West Tennessee, Inc. *Resolved
CN0708-063D
Docket No. 25.00-097678J
The Petitioner has appealed the HSDA’s denial of its application for the establishment of a new home health agency in 10 west Tennessee counties at its 12/12/07 meeting.
The Petitioner will voluntarily dismiss the contested case.
Thurman T. McLean, Jr., Esq. represents the Petitioner.
Dan H. Elrod, Esq. and Brian Jackson, Esq. of Miller & Martin represent Baptist Memorial Health Care Corporation and Medical Center Home Health.
Kathryn A. Stephenson, Esq. and Paul W. Ambrosius, Esq. of Trauger & Tuke represent Methodist Alliance Health Services d/b/a Methodist Alliance Home Care.
J. Scott McDearman Esq. of Grant, Konvalinka & Harrison represents Professional Home Health Care, LLC d/b/a CareAll and University Home Health, Inc. d/b/a CareAll.
Hancock County Home Health Agency
CN0812-121
Docket No. 25.00-103361J
The Petitioner has appealed the HSDA's 5/27/09 issuance of a CON for the addition of Claiborne, Grainger and Hawkins counties to the applicant’s home health license.
The trial of this contested case is scheduled to be held on 12/2 – 12/4 2009.
William West, Esq. of Baker, Donelson, Bearman, Caldwell & Berkowitz represents Amedisys Home Health Care
Jerry W. Taylor, Esq. of Farris, Matthews, Branan, Bobango, Hellen & Dunlap represents Hancock County Home Health Agency
RHA/Trenton MR, Inc.
CN0810-087D
Docket No.: 25.00-102283J
The Petitioner has appealed the HSDA’s 2/25/09 denial of its application for the establishment of a four (4) bed ICF/MR home for mentally retarded residents to house the relocation of four (4) existing ICR/MR beds from the Margie and Thomas Winfrey Center in Trenton, Tennessee, to Lots 51 and 52 of the Hunter’s Ridge subdivision on Dove Hollow Drive in Humboldt, Tennessee.
The Petitioner has moved for summary judgment, and cousnel for the HSDA has filed opposition thereto.
The trial of this contested case is scheduled to be held on 10/26 – 10/30, 2009.
William West, Esq. of Baker, Donelson, Bearman, Caldwell & Berkowitz represents RHA/Trenton MR, Inc.
RHA/Trenton MR, Inc.
CN0810-089D
Docket No.: 25.00-102284J
The Petitioner has appealed the HSDA’s 2/25/09 denial of its application for the establishment of a four (4) bed ICF/MR home for mentally retarded residents to house the relocation of four (4) existing ICR/MR beds from the Margie and Thomas Winfrey Center in Trenton, Tennessee, to Lots 9 and 10 of the Dyer Station Estates subdivision on South Peck Switch Cove in Dyer, Tennessee.
The Petitioner has moved for summary judgment, and cousnel for the HSDA has filed opposition thereto.
The trial of this contested case is scheduled to be held on 10/26 – 10/30, 2009.
William West, Esq. of Baker, Donelson, Bearman, Caldwell & Berkowitz represents RHA/Trenton MR, Inc.
Spring Hill Hospital, Inc.
CN0604-028A
Docket No. 25.00-092967J
The Petitioners have appealed the HSDA's 7/26/06 issuance of a CON for the establishment of a 56 bed general hospital, the initiation of related services and purchase of related major medical equipment.
The trial of this contested case was held on 4/11-24/07.
On October 12, 2007, the ALJ issued an Initial Order DENYING the CON application.
The HSDA reviewed the Initial Order and evidence in the record at its 2/27/08 meeting, and issued a Final Order GRANTING the CON.
Maury Regional Hospital and Williamson Medical Center have appealed the Final Order to the Davidson County Chancery Court.
Briefs have been filed, and oral argument was held on 8/19/09 in Davidson County Chancery Court. The Chancellor did not rule from the bench, but a ruling is expected before the HSDA’s 9/09 meeting.
Jerry W. Taylor, Esq. and Ed Harvey, Esq. of Farris, Matthews, Branan, Bobango, Hellen & Dunlap and Kathryn A. Stephenson, Esq. of Trauger & Tuke represent Spring Hill Hospital.
Dan H. Elrod, Esq. and Brian Jackson, Esq. of Miller & Martin represent Maury Regional Hospital.
Warren L. Gooch, Esq. and Chuck Young, Esq. of Kramer Rayson represent Williamson Medical Center.
United Regional Medical Center
CN0707-060A
Docket No. 25.00- 097676J
Petitioners have appealed the HSDA’s granting of a CON for the relocation and replacement of an existing 54 bed general acute care hospital in Manchester.
The trial of this contested case was completed on 10/31/08.
The ALJ issued an Initial Order GRANTING the CON on March 19, 2009. Medical Center of Manchester subsequently filed a Motion for Reconsideration, which has been denied. The Initial Order became a Final Order on 4/23/09. The Final Order has been appealed to the Davidson County Chancery Court.
Alix Cross, Esq. of Harwell Howard Hyne Gabbert & Manner represents United Regional Medical Center.
Dan H. Elrod, Esq. and Brian Jackson, Esq. of Miller & Martin represent Harton Regional Medical Center.
John P. Konvalinka, Esq. and J. Scott McDearman Esq. of Grant, Konvalinka & Harrison represent Coffee County Hospital Group, Inc. d/b/a Medical Center of Manchester.
United Regional Medical Center Nursing Home
CN0707-061A
Docket No. 25.00- 097677J
Petitioner has appealed the HSDA’s granting of a CON for the relocation and replacement of an existing 72 bed nursing home in Manchester.
The trial of this contested case has been continued, pending the trial of the replacement hospital case (above). Should URMC prevail in the replacement hospital appeal, the nursing home appeal will be dismissed.
Alix Cross, Esq. of Harwell Howard Hyne Gabbert & Manner represents United Regional Medical Center Nursing Home.
John P. Konvalinka, Esq. and J. Scott McDearman Esq. of Grant, Konvalinka & Harrison represent Coffee County Hospital Group, Inc. d/b/a Medical Center of Manchester and Manchester Healthcare Center, LLC.
