It’s been three years since Floyd Medical Center first applied for a Certificate of Need with the Georgia Department of Community Health in February 2018 to add adult open heart surgery services. And years after battling the state’s first decision to deny the CON in June 2018, the hospital is now appealing to the Supreme Court of Georgia. Floyd filed a Petition for Writ of Certiorari asking the Supreme Court to review the Georgia Court of Appeals (lower court) decision to deny the appeal on Dec. 30, 2020. Background
“Petition for Cert to the Supreme Court is the last step in the appeal process,” says Tommy Manning, executive vice president and Chief Legal Officer of Floyd. “There is no set time (on when the court will make a decision) but we would expect to hear sometime around mid-summer as to whether the court granted cert in our case. If cert were granted, there would be additional briefing and the case would likely be decided in the spring of 2022.”
According to the court’s docket, the petition is tentatively scheduled to be reviewed in May 2021.
Floyd filed a petition for Judicial Review of DCH’s final order on remand on July 30, 2020 with the Superior Court of Floyd County, which denied the petition in October. The hospital then filed an application for discretionary appeal with the Georgia Court of Appeals in November and it was denied at the end of the year.
Manning says “Floyd would likely keep its options open with regard to pursuing an Open Heart CON again in the future” should this final petition to the state Supreme Court not be successful.
Here’s a look at how it is tracked in the Department of Community Health’s latest summaries list (as of March 2):
2018-008 Floyd Healthcare Management Inc dba Floyd Medical Center (Floyd)
2018-009 Tanner Medical Center Carrollton (Carroll)
2018-010 Hamilton Medical Center (Whitfield)
Development of Adult Open Heart Surgery Service – Batching
Agency Decision: 2018-008 Denied, 6/25/2018; 2018-009 Denied, 6/25/2018; 2018-010 Denied, 6/25/2018
Appealed By: 2018-008 Applicant Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center, 7/24/2018. Redmond Park Hospital, LLC d/b/a Redmond Regional Medical Center files request to intervene in Floyd’s administrative appeal, 7/26/2018. 2018-009 Applicant Tanner Medical Center, Inc. d/b/a Tanner Medical CenterCarrollton,”TMC”), 7/23/2018. WellStar Kennestone Hospital (“Kennestone”) files request to Intervene, 7/20/2018. 2018- 010; Applicant Hamilton Medical Center, 7/24/2018.
Hearing Officer: 2018-008, 2018-009 and 2018-010 – William C. Joy, Esq. Hearing Officer denied Redmond’s request to intervene, 9/27/2018. Commissioner denies Redmond’s appeal of Hearing Officer’s denial to intervene due to limited review authority, 10/10/2018.
Hearing Date: 12/10,11,14/2018; 1/7-11/2019; 2/4-8/2019, 2/11-15/2019; 2/26/2019
Hearing Decision: Hearing Officer affirms Department’s decision denying CON Applications for 2018-008 (Floyd Medical
Center), 2018-009 (Tanner Medical Center), 2018-010 (Hamilton Medical Center), 8/16/2019. Floyd requests Commissioner review 9/13/2019. Hamilton requests Commissioner review 9/16/2019. Tanner requests Commissioner review 9/16/2019. Redmond files renewed appeal to Commissioner on the denial of its request to Intervene, 9/16/2019
Commissioner Review Decision: On 10/15/19, Commissioner affirmed Hearing Officer’s 8/16/19 decision to deny a CON to Floyd; reversed Hearing Officer’s 8/16/19 decision to deny a CON to Tanner; reversed Hearing Officer’s 8/16/19 decision to deny a CON to Hamilton; denied Redmond Regional Medical Center’s Renewed Appeal to Commissioner Berry on the Denial of Its Request to Intervene. Redmond Regional Medical Center filed petitions for judicial review of the Final Order of the Commissioner in project numbers 2018-008, 2018-009, and 2018-010, 11/14/19. Floyd Medical Center filed Petition for Judicial Review of DCH’s Final Order denying a CON to Floyd Medical Center for project no. 2018-008, 11/14/19. Redmond Regional Medical Center files Renewed Appeal to Commissioner Berry on Order of Remand, 5/7/2020.
Superior Court of Fulton County Decision: Grants Hamilton’s and the Department’s motions to dismiss Redmond’s petition for judicial review. Dismissed with prejudice, 3/9/2020. Grants Floyd Medical Center’s motion to dismiss Redmond’s petition for judicial review. Dismissed with prejudice. 3/9/2020. Grants Tanner’s and the Department’s motions to dismiss Redmond’s petition for judicial review. Dismissed with prejudice, 3/9/2020.
Superior Court of Floyd County Decision: On Floyd Medical Center’s appeal of the denial of its CON, the court remanded the matter to the Department for complete review of Floyd Medical Center’s application, 4/14/2020. Floyd Medical Center filed Petition for Judicial Review of DCH’s Final Order on Remand, 7/30/2020. Superior Court of Floyd County denied Floyd Medical Center’s Petition for Judicial Review,10/29/2020. Floyd Medical Center filed Application for Discretionary Appeal in the Georgia Court of Appeals, 11/30/2020.
Court of Appeals: Denies Floyd Medical Center’s Application for Discretionary Appeal, 12/30/2020. Floyd Medical Center files Petition for Writ of Certiorari with the Supreme Court of Georgia, 1/19/2021.