The appeal puts that recommendation by department staff and a final decision by MDHHS Director Elizabeth Hertel on hold for now. Havenwyck plans to develop the $20.5 million facility through a joint venture formed with Mercy Health that the two announced publicly earlier this month. to develop a 60-bed inpatient psychiatric hospital near Mercy Health’s Southwest Campus at Byron Center Avenue and 64th Street. Pine Rest’s appeal contests a proposed Department of Health and Human Services staff recommendation to allow Auburn Hills-based Havenwyck Hospital Inc. Only “a fraction” of CON appeals - roughly 5 percent or less - succeed because the standard of review is so high, Alfree said. (State staff) don’t make those kinds of mistakes very often.” It is only about making sure the decision was made with the proper process. It’s to make sure that the rules were followed and the people involved in making the decision weren’t acting in bad faith. “The appeal’s not to substitute a different judgment about evaluating what happened. “There has to be a manifest error,” said attorney Scott Alfree, who chairs the health care practice at Varnum LLP in Grand Rapids. In this instance, Pine Rest would need to demonstrate that department staff erred in reviewing and scoring Havenwyck’s competing proposal for the 60 adult psychiatric beds available in the Grand Rapids-area market under existing certificate-of-need (CON) standards. Experts say appeals hinge on proving that the review process for a given project was somehow flawed. to develop a new psychiatric hospital in Kent County.įew appeals end successfully for the party trying to reverse a recommendation from certificate-of-need staff to the director of the Michigan Department of Health and Human Services. P ine Rest Christian Mental Health Services faces long odds to successfully challenge a proposed state decision allowing competitor Havenwyck Hospital Inc.
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