Panel asked to dismiss GACH, Dougherty County CON appeals

ATLANTA — The Georgia Department of Community Health has asked the hearing officer of the state Certificate of Need Appeal Panel to dismiss the Dougherty County and Georgia Alliance of Community Hospitals appeals of a certificate of need granted for Lee County Medical Center.

The CON for the 60-bed Lee hospital was granted on Nov. 15, prompting appeals from Crisp Regional Hospital as well as requests from Dougherty County and GACH asking to confirm whether they lacked standing to file an appeal. The motion, filed Feb. 9, states that a hearing officer conducted a status conference via telephone on Feb. 2, granting the parties seven days to brief the issue of Dougherty and GACH’s status in the appeals process.

The motion goes on to present the argument that the appeal requests of those two parties should be dismissed by the hearing officer.

“Dougherty County and GACH do not have the right to an administrative appeal of the department’s decision,” the motion states. “There are four categories of persons who, subject to certain additional requirements, may appeal (or intervene in an appeal of) the department’s initial decision to grant or deny a CON: (1) the applicant; (2) a competing applicant in the same batching cycle; (3) a competing health care facility; or (4) a county or municipal government in whose boundaries the proposed project will be located.

“The (Georgia) Court of Appeals, interpreting this language, has held that the right to appeal a department decision granting or denying a CON is limited to the four listed categories.”

The motion goes on to say that neither Dougherty County nor GACH meets this criteria, also noting that the right still stands to dismiss Crisp Regional’s appeal.

“By submitting this motion, the department does not concede that Crisp Regional Hospital has standing to appeal and reserves the right to move to dismiss Crisp Regional should the evidence and testimony presented over the course of this proceeding show that it is not a ‘competing health care facility’ or is not aggrieved by the department’s decision,” it said.

Lee County Commission Vice Chairman Billy Mathis expressed disappointment in the continuing battle between Dougherty and Lee counties, maintaining that Lee’s neighbor to the south indeed has no standing.

“Dougherty County has no legal standing to oppose the LCMC,” he said. “It is a shame that some Dougherty County politicians continue their opposition to our project which will bring much-needed choice to medical care in our area. We in south Georgia should work together to bring growth to the area. You just have to wonder why some Dougherty County politicians think otherwise.”

Phone calls to Dougherty County Attorney Spencer Lee and GACH CEO Monty Veazey Wednesday seeking comment resulted in The Albany Herald being referred to attorneys representing the county and the organization on the matter. Rob Rozier, who is representing Dougherty County, said he is limited in what he can say about the case.

“Lee County officials have appealed to the hearing officer,” Rozier said in a phone conversation with The Herald. “There has been no ruling. The hearing officer told (Dougherty County and the Georgia Alliance of Community Hospitals) they have 30 days to respond to the (request to dismiss their appeals). That was a few days ago, so both have 22 or 23 days to make a decision.

“Every indication I’ve gotten (from Dougherty County) is that they would want to respond to the (dismissal) request. What they’re saying is that neither the county nor the Georgia Alliance of Community Hospitals has standing to appeal. We disagree.”

The attorney representing GACH, Kathlynn Polvino, did not return a phone call seeking comment by presstime.

Officials in Lee County have said that a groundbreaking for the hospital, on the former Grand Island Golf Club site, should take place this summer, after the appeals process is concluded.

Carlton Fletcher contributed to this report.

Jennifer Parks