Trident Medical v. SCDHEC (Medical University)

Syllabus

Trident Medical Center, LLC, d/b/a Trident Medical Center (Trident) filed this action against the South Carolina Department of Health and Environmental Control (DHEC) and Medical University Hospital Authority, d/b/a MUSC Radiation Therapy Center - Berkeley County (MUHA) with the Administrative Law Court (ALC), contesting DHEC's approval of MUHA's Certificate of Need application for a new radiation therapy center in Berkeley County. After a contested case hearing, the ALC reversed DHEC's approval and denied the application. MUHA appeals, arguing the ALC erred in (1) exceeding its statutory authority by ruling on the validity and constitutionality of MUSC Strategic Ventures (MSV) and MUSC Health Center Cancer Care Network, LLC (the Network) (2) ruling on issues that were not timely raised (3) adjudicating the rights of nonparties (4) determining MSV and the Network were invalid, unconstitutional, or ultra vires entities that must be dissolved and (5) finding MUHA was not the actual licensee.