Hospital lawsuit

Dunwoody hospital alleges local drug treatment center is not adhering to license

BY SAMMIE PURCELL

A Dunwoody hospital is bringing legal action against Georgia’s Department of Community Health (DCH) for allegedly allowing a substance abuse facility to offer psychiatric treatment it is not licensed for.

On March 5, 2021, Peachford Hospital filed a petition in Fulton County Superior Court for a writ of mandamus, or an order from a court compelling a government body or official to perform its legal duty. The complaint asked the court to order Frank W. Berry in his official capacity as the commissioner of the DCH to ensure that Southern Live Oak Wellness (SLOW), a drug treatment center in Dunwoody, is operating within the scope of its license.

According to court documents, the DCH issued a Drug Abuse Treatment and Education Program (DATEP) license to SLOW in 2019. Georgia law states that this license allows facilities to offer treatment and counsel for people struggling with drug addiction. SLOW’s permit, included in the court documents, allows it to provide “intensive outpatient and residential” drug abuse treatment programs.

In its initial complaint, Peachford alleges SLOW has been offering mental health and psychiatric treatment not related to drug or alcohol dependency. To legally offer those services, Peachford argues SLOW would need a hospital permit and Certificate of Need (CON) approval.

“Despite being licensed solely as a DATEP, SLOW is currently operating as a psychiatric hospital and is providing a residential level of general psychiatric treatment,” reads the complaint.

The DCH declined to comment on the litigation, as did the Georgia Attorney General’s office, who is representing the DCH. However, in court documents, DCH Commissioner Berry denied that the department failed to perform its legal duty and that SLOW is operating outside of the scope of its license.

COO Ryan Cierzniewski said SLOW treats clients with substance abuse issues, but also focuses on treating underlying psychiatric or mental health issues that might be at play.

“For a long time people just said, they’re abusing drugs, let’s treat that,” he said. “But the drugs seem to be a symptom of the ongoing psychiatric issue at hand. We’ve moved more in that direction over the last 20 years, of people identifying and realizing that mental health issues cause people to abuse substances.”

Lawyers for Peachford Hospital did not respond to multiple requests for comment. A spokesperson for the hospital declined to comment as well.

On May 11, the DCH made motions to dismiss the complaint entirely as well as a motion to stay discovery, or delay the entry of evidence into the case. On July 9, Peachford filed a motion to compel SLOW to produce documents regarding its admissions, applications, and operations. On the same day, SLOW filed a motion to dismiss and for a protective order.

The court has not made a decision on either motion, according to Fulton County Superior Court’s public records.

Read the full story at reporternewspapers.net.

Former Dunwoody council member to run again

BY SAMMIE PURCELL

Former Dunwoody City Councilmember Terry Nall has announced a bid to return to the council.

Nall, who was elected to the council in 2011 and served for two terms, announced on July 20 that he will run for the District 1 post in this November’s election.

The seat was formerly held by Councilmember Pam Tallmadge, who announced her resignation in June and previously endorsed Leadership Sandy Springs Program Director Catherine Lautenbacher to replace her.

Nall ran for mayor in 2019, but lost to current Mayor Lynn Deutsch. He is an accountant and said part of his reason for running again was the COVID-19 pandemic’s effect on the city’s economy.

“The pandemic downturn impacted city finances, so we now need experienced leadership to build a sustainable path to protect our reputation as the best place to live, work, and play,” Nall said.

He is also the president of the Dunwoody Police Foundation, an active member of the Dunwoody Homeowners Association Board, and a scout leader.

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