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Appeals process could take years
FORT MILL HOSPITAL: Piedmont wins the state's bid
FORT MILL TOWNSHIP -- From the beginning, everyone involved expected an appeal of the S.C. Department of Health and Environmental Control's decision.
Last week, DHEC awarded Piedmont Medical Center the Certificate of Need to build a 100-bed Fort Mill hospital. Certified letters went out to all four companies that submitted bids: PMC, Presbyterian HealthCare, Hospital Partners of America and Carolinas HealthCare System. CHS, HPA and Presbyterian all have 10 days after they receive that letter to file for a reconsideration by DHEC staff, according to DHEC spokesman Thom Berry. As of Monday evening, none had filed. The companies also have 30 days from receipt of that letter to file an appeal with the S.C. Administrative Law Court. DHEC declined to release the letter to the Fort Mill Times until all four bidders had received their copy, which is not in line with the S.C. Freedom of Information Act. Berry could not say how long such an appeal could take. Each case is different and it would be impossible to guess accurately at the length of such a proceeding, he said. It will also depend on how many of the companies appeal. The Administrative Law Court's ruling can be appealed to DHEC's Governing Board, which would render its ruling after a one-day hearing. That decision could then also be appealed to the S.C. Circuit Court. It could then go up to the S.C. Court of Appeals and then on to the S.C. Supreme Court, Berry said. According to Terry Linn at HPA Monday, his company hasn't received his official letter yet. After HPA sees the letter, the company will decide whether to appeal. It will also decide whether to keep the contract it has on 15 acres at the intersection of Gold Hill Road and Deerfield Drive across from Knights Stadium. "Obviously that's tied up with the rest of it," Linn said. Both CHS and Presbyterian received their official notices last week. Scott White, a CHS spokesman, said his company also has not made up its mind on an appeal. CHS will also decide whether to keep the contract on its 40-acre parcel west of Sutton Road after it makes a decision on whether to appeal. "There are some things we're concerned about," White said. "There is a section of the letter that says we and the other companies from North Carolina weren't even eligible to apply for the beds." He declined to discuss those concerns further. Presbyterian spokeswoman Kati Everett said her company plans to announce whether it will appeal by Friday. It too is keeping its contract on the site it selected for its proposal, 51 acres in River Crossing on Sutton Road. "We are very conscious that we don't want to delay health care in York County anymore, but at the same time we had over 4,000 people wanting us there," Everett said. Since the decision was announced, Everett said, several people have written letters and made calls asking the company not to give up.
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