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6/27/08
  Southaven imaging clinic wins Supreme Court decision
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6/25/08
  DeSoto Imaging wins CON on appeal
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In The News
DeSoto Imaging wins CON on appeal
 

The Mississippi Supreme Court reversed a earlier Chancery Court decision to allow DeSoto Imaging & Diagnostics dba Diagnostic Imaging Specialists to keep its MRI Certificate of Need (CON).

On September 8th, 2005, DeSoto Imaging & Diagnostics filed for a CON to provide mobile MRI services at its new facility located in the DeSoto Medical Plaza on Guthrie Drive North. Baptist Memorial Hospital - DeSoto and Carvel Imaging opposed the application stating they were meeting the needs of DeSoto County and there was no need for another MRI provider. This opposition resulted in a hearing being scheduled to resolve the matter.

Despite two delays, a hearing was finally held March 22nd thru March 24th 2006, during which each party (DeSoto Imaging, Baptist DeSoto, and Carvel Imaging) were afforded the opportunity to present evidence and testimony to support their position.

Upon hearing the respective parties testimony, Administrative Hearing Officer Ricky Boggan recommended that the State Health Officer approve the CON application by DeSoto Imaging & Diagnostics for mobile magnetic resonance imaging (MRI) services

However, just three days before the State Health Officer would decide, Baptist and Carvel filed a "Joint Motion to Reopen and Supplement Record and for Reconsideration of Hearing Officer's Findings of Fact and Conclusions of Law." Thus a second hearing was held and" the hearing officer denied the motion and reaffirmed the recommendation to grant DeSoto's application." The State Health Officer subsequently issued a final order granting a CON to DeSoto Imaging.


Baptist and Carvel then filed a "Notice of Appeal" in the Chancery Court of Hinds County. Following a brief hearing the Chancery Court judge issued a "bench opinion" reversing the State Health Officers approval of DeSoto's application. Since DeSoto had already started providing MRI services prior to the courts ruling the Chancery Court allowed DeSoto to continue to provide MRI services subject to appeal to the Supreme Court.

Kevin Blackwell, President and CEO of DeSoto Imaging & Diagnostics said "I feel vindicated after this long and very expensive ordeal. Now with this hurdle cleared, Desoto Imaging Specialists can concentrate on providing the residents of DeSoto County and surrounding area with an alternative choice for easy access, high quality, MRI services."

Located in Southaven, Mississippi, Desoto Imaging Specialists is a provider of radiological diagnostic services that include Magnetic Resonance Imaging (MRI), Computed Tommagraphy (CT), Ultra Sound, ECHO, Nuclear Medicine, Stress Testing, Fluroscopy, general X-rays, venous access, and interventional angiography.