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AMISUB OF SOUTH CAROLINA v. DHEC

No. 27382.

407 S.C. 583 (2014)

757 S.E.2d 408

AMISUB OF SOUTH CAROLINA, INC., AnMed Enterprises, Inc./HealthSouth, LLC, Georgetown Memorial Hospital, Hilton Head Health System, L.P., Medical University Hospital Authority, Piedmont HealthSouth Rehabilitation, LLC, The Regional Medical Center of Orangeburg and Calhoun Counties, Trident NeuroSciences Center, LLC, Waccamaw Community Hospital, Abbeville Nursing Home, Inc., South Carolina Hospital Association, and South Carolina Health Care Association, Petitioners, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Supreme Court of South Carolina.

Decided April 14, 2014.

Attorney(s) appearing for the Case

C. Mitchell Brown and Travis Dayhuff , both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, William W. Wilkins , Andrew A. Mathias , and Burl F. Williams , all of Nexsen Pruet, LLC, of Greenville, for Petitioners.

W. Marshall Taylor, Jr. , Ashley C. Biggers , and James B. Richardson, Jr. , all of Columbia, for Respondent.

Swati S. Patel , Chief Legal Counsel for the Office of the Governor, and M. Todd Carroll and Kevin A. Hall , both of Womble Carlyle Sandridge & Rice, LLP, all of Columbia, for Amicus Curiae The Office of the Governor.

ORIGINAL JURISDICTION

Chief Justice TOAL.

This matter comes before the Court in its original jurisdiction. Ten health care entities, along with the South Carolina Hospital Association and the South Carolina Health Care Association (collectively, Petitioners), seek a declaration from this Court that the South Carolina Department of Health and Human Services (DHEC) is obligated to enforce the State Certification of...

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