Contested Case Log
January 2012
East Tennessee Radiation Therapy Services
CN1108-030A
Docket No. 25.00-115208J
Petitioner has appealed the Approval of a CON for the acquisition of a Linear Accelerator; the initiation of outpatient radiation therapy services; and the establishment of an ambulatory surgical treatment center (ASTC) limited to radiation therapy services in Knox County.
The parties and Administrative Law Judge are discussing trial dates in late 2012.
W. Brantley Phillips, Jr., Esq. represents for East Tennessee Radiation Therapy Services
Dan H. Elrod, Esq., Brian Jackson, Esq., and Sarah Lodge Tally of Miller & Martin represent Covenant Health
Middle Tennessee Rehabilitation Hospital, LLC
CN1012-055D
&
HealthSouth Rehabilitation Hospital of Williamson County
CN1012-059A
Docket No. 25.00- 111868J
These two cases are an appeal of the Denial of a rehabilitation hospital in Franklin and the Approval of a rehabilitation hospital in Franklin, respectively. With respect to each HSDA decision being appealed, Middle Tennessee Rehabilitation Hospital, LLC is the petitioner.
The two separate appeals have been consolidated into one contested case, due to their shared facts.
The Administrative Law Judge has denied Middle Tennessee Rehabilitation Hospital, LLC’s Motion for Summary Judgment.
These cases were heard on Sept. 26, 27, 29, 30; Oct. 3, 6, and 31; and Nov. 1 - 2, 2011.
The parties submitted proposed findings of fact and conclusions of law to the ALJ on Dec. 13, 2011. The parties have until Dec. 23, 2011 to submit rebuttals to the other parties’ proposed findings of fact and conclusions of law. Tennessee law provides the ALJ 90 days thereafter for the issuance of an Initial Order.
Alix Cross, Esq. represents Middle Tennessee Rehabilitation Hospital, LLC
Byron R. Trauger, Esq., Paul W. Ambrosius, Esq. and Justin Adams, Esq. of Trauger & Tuke and Tom Wiseman, Esq., Esq. represent HealthSouth Rehabilitation Hospital of Williamson County
New Life Surgical Center, PLLC
CON #1009-043A
Docket No. 25.00-111517J
Petitioners have appealed the Approval of a CON for the establishment of an ASTC, limited to MUA procedures, in Williamson County.
The trial of this matter has been rescheduled for April 20, 23 and 27, 2012, due to the withdrawal of New Life’s initial counsel and his inactivity on the case.
E. Graham Baker, Jr., Esq. represents MUA of Middle Tennessee, LLC
New Life Surgical Center, PLLC’s counsel had withdrawn; and William West, Esq. of Baker, Donelson, Bearman, Caldwell & Berkowitz has become its new counsel.
NOL, LLC d/b/a Premier Radiology
CN1104-012A
Docket No. 25.00-113713J
Petitioner has appealed the Approval of a CON for the establishment of an ODC and the initiation of MRI services in Wilson County.
The trial date is scheduled for March 14 – 16, 2012.
William West, Esq. of Baker, Donelson, Bearman, Caldwell & Berkowitz represents Tennessee Sports Medicine & Orthopedics, PC
Dan H. Elrod, Esq. of Miller & Martin represents NOL, LLC d/b/a Premier Radiology
Plaza Radiology, LLC d/b/a Cleveland Imaging
CN1010-047A
Docket No. 25.00- 111270J
Petitioners have appealed the Approval of a CON for the relocation of an MRI from Chattanooga to Cleveland, and the initiation of MRI services at Plaza Radiology’s Cleveland site.
At the request of the parties, the trial of this matter has been rescheduled for Jan. 30 – Feb. 3, 2012.
Jerry W. Taylor, Esq. of Farris Matthews Bobango PLC represents Cleveland Hospital Company d/b/a Skyridge Medical Center
Byron R. Trauger, Esq. of Trauger & Tuke represents Plaza Radiology, LLC d/b/a Cleveland Imaging
