| SC Supreme Court affirms approval of CON for CCC Spartanburg |
Elizabeth Williamson |
| |
Thursday,
March 18, 2010 - Columbia, S.C. – The South Carolina Supreme Court reached a decision in the case of Spartanburg Regional Healthcare System versus Cancer Centers of the Carolinas. The court affirmed the decisions of the Administrative Law Court and Department of Health and Environmental Control Board (DHEC). The court ruled that a Certificate of Need (CON) for a linear accelerator radiation therapy device would be awarded to Cancer Centers of the Carolinas (CCC) for its Spartanburg office and to Spartanburg Regional Healthcare System (SRHS) for its Gaffney location. This brings to a close a legal dispute that began in 2002.
Jeffery Edenfield, M.D., medical oncologist and spokesperson for Cancer Centers of the Carolinas said, “We are very pleased that the South Carolina Supreme Court reached this decision. Our goal has always been to offer comprehensive cancer care to our patients in and around Spartanburg, Cherokee and Union Counties. Chemotherapy and radiation therapy are difficult enough without making patients drive to one office for one treatment and across town for another treatment. We are also thrilled that Gaffney patients will have radiation in their own town. This is a win for all Upstate cancer patients.”
Raymon E. Lark Jr., Vice President and attorney with Austin and Rogers, PA in Columbia and counsel for Cancer Centers of the Carolinas said, “We are pleased that the Supreme Court has elected to affirm this decision. We believe that comprehensive cancer care is an important public matter and are thankful that the Supreme Court provided a swift resolution that will benefit cancer patients.”
Lewis Smoak, managing partner in the Greenville office of Ogletree Deakins and co-counsel for Cancer Centers of the Carolinas, said, “This is a positive decision that is long overdue for Upstate cancer patients. The Supreme Court's determination will allow both Cancer Centers of the Carolinas and Spartanburg Regional to provide comprehensive cancer care to their patients – Cancer Centers of the Carolinas in Spartanburg and Spartanburg Regional in Gaffney. That's a win-win for everyone. I am delighted that the Supreme Court has put an end to this long process, finally allowing CCC to go about their business of providing superior cancer care."
The long legal battle first began in 2002 when Spartanburg Regional Healthcare System and Cancer Centers of the Carolinas both applied for a Certificates of Need for linear accelerators. In 2005, Administrative Law Court Judge Caroline Matthews determined that there is sufficient need in Spartanburg and the surrounding counties to warrant a linear accelerator at Cancer Centers of the Carolinas’ Spartanburg office. Judge Matthews also awarded a Certificate of Need to Spartanburg Regional Healthcare System for its request for a linear accelerator in Gaffney. Spartanburg Regional Healthcare System and Cancer Centers of the Carolinas appealed Judge Matthews’ ruling to the Board of DHEC.
In 2006, DHEC upheld Matthews’ ruling. Spartanburg Regional Healthcare System and Cancer Centers of the Carolinas then appealed the DHEC decision to the Circuit Court.
In January 2008, Circuit Court Judge Kinard upheld the Administrative Law and DHEC Board rulings that both Cancer Centers of the Carolinas and Spartanburg Regional Healthcare System should receive Certificates of Need in Spartanburg and Gaffney, respectively. Spartanburg Regional Healthcare System responded by appealing the Circuit Court ruling to the South Carolina Court of Appeals, and Cancer Centers of the Carolinas also appealed.
In February 2009, the Supreme Court of South Carolina decided that it would hear the case, which was ultimately argued before the court on October 8, 2009.
About Cancer Centers of the Carolinas
Serving Upstate communities for more than three decades, Cancer Centers of the Carolinas (CCC) is a community-based, physician-owned practice with 26 board-certified oncologists practicing in multiple locations across the Upstate of South Carolina. CCC is the Upstate's largest cancer care group treating over 6,000 new patients annually. CCC specializes in medical oncology, radiation oncology, gynecologic oncology, hematology, blood and marrow transplantation and clinical research. CCC is a National Cancer Institute grant recipient and is home to South Carolina's first FACT accredited Stem Cell Transplant Program. For more information on Cancer Centers of the Carolinas, visit www.cancercarolinas.com.
United in Healing with US Oncology
US Oncology, Inc., headquartered in The Woodlands, Texas, works closely with physicians, manufacturers and payers to identify and deliver innovative services that enhance patient access to advanced cancer care. US Oncology supports one of the nation’s foremost cancer treatment and research networks accelerating the availability and use of evidence-based medicine and shared best practices.
US Oncology uses its expertise to support every aspect of the cancer care delivery system – from drug development to distribution and outcomes measurement – enabling the company to help increase the efficiency and safety of cancer care. US Oncology is affiliated with 1,310 physicians operating in 493 locations, including 98 radiation oncology facilities in 39 states. For more information, visit the company’s Web site, www.usoncology.com.
|
|
