STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARING

COUNTY OF BUNCOMBE

Millsway Healthcare, Inc., )

Petitioner, )

)

vs. ) 01 DHR 0628

)

Blue Ridge Area Authority, )

Respondent. )

Blue Ridge Area Authority, )

Plaintiff )

)

vs. ) 01 DHR 0640

)

Millsway Healthcare, Inc., )

Respondent. )

SUMMARY JUDGMENT

THIS MATTER came before Administrative Law Judge, James L. Conner, II, on the 7th day of December, 2001, upon the Motion of Blue Ridge Area Authority for Summary Judgment. Blue Ridge Area Authority was represented by counsel, David E. Matney, III, and Millsway Healthcare, Inc. was represented by counsel, William E. Loose. The Court having entertained arguments of counsel and having reviewed the files, affidavits, and pleadings herein determined that there were no genuine issues of fact that would prevent Summary Judgment from being granted. Having determined there are no genuine issues of fact in dispute, the Court does conclude as a matter of law that there is no legal basis for Blue Ridge Area Authority to deny payment to Millsway Healthcare, Inc. based upon the failure of Millsway Healthcare, Inc. to have licenses issued by the North Carolina Division of Facility Services, such that Summary Judgment should be entered in favor of Millsway Healthcare, Inc. with the matter to be remanded in order to determine the amount owed to Millsway Healthcare Inc. under normal rules regarding payment pursuant to the contracts between them.

DECISION

Based upon the foregoing Conclusion of Law, it is hereby Ordered, Adjudged and Decreed that:

1.  Summary Judgment is granted in favor of Millsway Healthcare, Inc.

2. Blue Ridge Area Authority shall determine the sum of money owed to Millsway Healthcare Inc. under normal rules regarding payment pursuant to the contracts between them and pay the same in due course.

ORDER

It is hereby ordered that the agency serve a copy of the FINAL DECISION on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with N.C. Gen. Stat. § 150B-36(b).

NOTICE

The decision of the Administrative Law Judge in this contested case will be reviewed by the agency making the final decision according to the standards found in G.S. 150B-36(b)(b1) and (b2). The agency making the final decision is required to give each party an opportunity to file exceptions to the decision of the Administrative Law Judge and to present written argument to those in the agency who will make the final decision. G.S. 150B-36(a).

The agency that will make the final decision in this contested case is the North Carolina Department of Health and Human Services, Division of Facility Services.

This the 25th day of February, 2002

______

James L. Conner, II,

Administrative Law Judge