Ambulatory surgery center plans advance

A doctors group won a legal round to build a $34 million ambulatory surgery center.

In an order signed Wednesday, Judge James G. Blanchard Jr. ruled against University Hospital and Doctors Hospital Surgery Center in their attempt to prevent the Medical College of Georgia Physicians Practice Group Foundation from obtaining a Certificate of Need to build a 65,000-square-foot center at Knob Hill and Washington roads.

Since April 2008, the physicians group has been trying to obtain the Certificate of Need, required for any new institutional health-services provider. It was one of the first requests since the state changed the law in 2008. The amended law altered how a provider applies for and appeals Certificate of Need decisions by the state Department of Community Health.

The department first approved the physicians group requests, but after Doctors and University Hospital appealed, that decision was overturned. But a further appeal to the commissioner of the department went in favor of the Physicians Practice Group Foundation.

Doctors and University hospitals filed suit in Richmond County Superior Court seeking judicial review.

In his order, Judge Blanchard cited numerous appellate decisions which instruct judges sitting in review of a governmental agency not to substitute their decisions for the agency's ruling.

He wrote that the department's final decision to award a Certificate of Need was not arbitrary, which is the legal standard by which he was bound.

The Physicians Practice Group convinced the commissioner of the Department of Community Health that its ability to provide ambulatory surgery services for poor and low-income people in Columbia County was an overriding reason to grant the Certificate of Need.

The physicians group has pledged at least 5 percent of the gross adjusted revenue for care of indigent patients, according to reports in The Augusta Chronicle . The state requires at least 3 percent.

The plans for the new center, to be named MCG Medical Associates Ambulatory Center, include three operating rooms, two procedure rooms, an imaging center with a CT scanner and a clinic with 45 exam rooms, according to an earlier Chronicle report.

University Hospital spokeswoman Rebecca Sylvester said Thursday no decision has been made about an appeal. A call left with Doctors Hospital's attorney was not returned. Notice of appeal must be filed within 30 days.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.