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Contested Case Log

January 2013


Baptist Memorial Hospital-Huntingdon
CN1205-0121A
Docket No. 25.00-118927J

Behavioral Healthcare Center at Martin, LLC has appealed the Approval of a CON for the initiation of adult psychiatric services and conversion of twelve (12) currently licensed medical-surgical beds to twelve (12) geriatric psychiatric beds at its seventy (70) bed acute care hospital located in Huntingdon (Carroll County).

Dan H. Elrod, Esq., Brian Jackson, Esq., and Sarah Lodge Tally of Butler Snow represent Baptist Memorial Hospital-Huntingdon

Jerry W. Taylor, Esq. of Stites & Harbison and Thomas A. Wiseman, III of Wiseman Ashworth Law Group represent Behavioral Healthcare Center at Martin, LLC



East Tennessee Radiation Therapy Services
CN1108-030A
Docket No. 25.00-115208J

Covenant Health 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 contested case is scheduled for January 14 – 18 and 24 – 25, 2013, and will be held in the U.S. Tax Courtroom at the Federal Courthouse, 801 Broadway, Nashville, TN 37203

W. Brantley Phillips, Jr., Esq. and Russell S. Baldwin, Esq. of Bass, Berry & Sims represent East Tennessee Radiation Therapy Services

Dan H. Elrod, Esq., Brian Jackson, Esq., Sarah Lodge Tally, and Travis B. Swearingen, Esq. of Butler Snow 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.

These cases were heard on Sept. 26, 27, 29, 30; Oct. 3, 6, and 31; and Nov. 1 - 2, 2011.

The ALJ issued an Initial Order with the same result as the HSDA’s decisions on the applications.  The petitioner filed an appeal in the Davidson County Chancery Court. Briefs were filed in Chancery Court, and oral arguments were held on Sept. 27, 2012.

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. of Wiseman Ashworth Law Group represent HealthSouth Rehabilitation Hospital of Williamson County



Southern Sports Surgical, LLC d/b/a Southern Sports Medicine Surgical Center
CN1204-109A
Docket No. 25.00-118928J

Hendersonville Hospital Corporation d/b/a Hendersonville Medical Center has appealed the Approval of a CON for the relocation of an approved, but unimplemented CON for the establishment of an ambulatory surgical treatment center and expansion of the designated use of its previously approved single specialty ASTC (CN1104-013A) to include multi-specialty services.  The proposed project will relocate from 1163 Nashville Pike, Gallatin (Sumner County), TN to 127 Saundersville Pike, Suite A, Hendersonville, (Sumner County), Tennessee. The CON is Limited to 2 operating rooms and one procedure room.

The contested case is scheduled for Oct. 1 – 4, 2013, and will be held in a conference room (to be named later) on the 3rd floor of Snodgrass Tower, 312 8th Ave. N., Nashville, TN  37243

Dan H. Elrod, Esq. and Brian Jackson, Esq. of Butler Snow represent Southern Sports Surgical, LLC d/b/a Southern Sports Medicine Surgical Center

Jerry W. Taylor, Esq. of Stites & Harbison and Ed Harvey, Esq. of Farris, Matthews, Branan, Bobango, Hellen & Dunlap represent Hendersonville Hospital Corporation d/b/a Hendersonville Medical Center