Miami-Dade FL Lawyers | Byron B Mathews -- eLawyers

93-001640 AGENCY FOR HEALTH CARE ADMINISTRATION vs PARK IMAGING, INC. (1993)

Division of Administrative Hearings, Florida Filed: Mar. 29, 1993

The issue in this case is whether Respondent, Park Imaging, Inc., was obligated to file a report and pay an indigent care assessment pursuant to Section 395.1015, Florida Statutes, (1991) and, if so, whether Respondent should be fined or otherwise sanctioned for its failure to do so.Mobile ultra sound service req'd to pay PMATF assess; term facility in stat does mean only fixd site can be assessd; no basis for fine agnst mobile prov

93-004908CON LAWNWOOD MEDICAL CENTER, INC., D/B/A LAWNWOOD REGIONAL MEDICAL CENTER vs MARTIN MEMORIAL MEDICAL CENTER, INC. (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

Which, if any, of the applications meet the statutory and rule criteria for the issuance of a certificate of need to operate an adult open heart surgery program in AHCA District 9.Geographic access immproved with open heart surgery con for more centrally located hospital; further from and with less impact on existing distric providers

93-004868CON MARTIN MEMORIAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

Martin Memorial Medical Center, Inc. ("Martin Memorial") challenged the preliminary issuance of certificate of need ("CON") No. 7241 to establish adult inpatient cardiac catheterization ("cath") services at HCA Services of Florida, Inc., d/b/a HCA Medical Center of Port Saint Lucie ("HCA Medical Center"). In their Joint Prehearing Stipulation of September 2, 1994, the parties agreed that HCA Medical Center's entitlement to the CON depends solely on whether there is a numeric need for an additional adult inpatient cardiac cath program in Agency For Health Care Administration ("AHCA") District 9. AHCA published its numeric need determination on February 5, 1993, and its preliminary decision on July 23, 1993. The petition in the CON case was filed, pursuant to subsection 120.57(1), Florida Statutes, on August 25, 1993.Certificate of need prehearing stipulation that numeric need determinative results in dismissal of petition when challenge to numeric need is untimely.

94-002917RU MARTIN MEMORIAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: May 26, 1994

Martin Memorial Medical Center, Inc. ("Martin Memorial") challenged the preliminary issuance of certificate of need ("CON") No. 7241 to establish adult inpatient cardiac catheterization ("cath") services at HCA Services of Florida, Inc., d/b/a HCA Medical Center of Port Saint Lucie ("HCA Medical Center"). In their Joint Prehearing Stipulation of September 2, 1994, the parties agreed that HCA Medical Center's entitlement to the CON depends solely on whether there is a numeric need for an additional adult inpatient cardiac cath program in Agency For Health Care Administration ("AHCA") District 9. AHCA published its numeric need determination on February 5, 1993, and its preliminary decision on July 23, 1993. The petition in the CON case was filed, pursuant to subsection 120.57(1), Florida Statutes, on August 25, 1993.Section 120.535, Florida Statutes, challenge mooted by adoption as a rule of previously unpromulgated statement. An amendment of Section 120.56 petition to Section 120.535 is permitted.

92-005100CON PARACELUS PENINSULA MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1992

Whether the statutory and rule criteria are met by the certificate of need application of Paracelsus Peninsula Medical Center, Inc., which is proposing to convert ten or twenty medical/surgical beds to ten or twenty comprehensive medical rehabilitation beds at its hospital in Ormond Beach, Florida, in Agency For Health Care Administration District 4. Whether Memorial Regional Rehabilitation Center, Inc., which operates a comprehensive medical rehabilitation hospital in Jacksonville, Florida, also in Agency For Health Care Administration District 4, has standing to intervene in this case.No standing if existing hospital in district has no adverse impact; popula- tion age, concentration, travel/medical referral patterns are not normal;CMR

92-005675CON ST. MARY'S HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

Division of Administrative Hearings, Florida Filed: Sep. 17, 1992

On August 7, 1992, the Agency for Health Care Administration ("AHCA") published a fixed need pool of zero for additional open heart surgery programs in Department of Health and Rehabilitative Services ("HRS") District IX. See, Volume 18, Number 37, Florida Administrative Weekly. By letter dated August 14, 1992, and hand delivered within ten (10) days of the fixed need pool publication, St. Mary's Hospital, Inc. ("St. Mary's") notified AHCA of possible errors in the publication. AHCA declined to adjust the fixed need projection and, on August 28, 1992, St. Mary's timely filed its petition to challenge the projection. At an evidentiary hearing held on December 10, 1992, St. Mary's introduced five documents into evidence:Open heart surgery operations are not equivalent to discharges in the DRGs listed in th e rule definition because heart lung machine must also be used.

91-002147 ST. MARY'S HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Apr. 04, 1991

Whether there is a need for one or two additional inpatient adult cardiac catheterization programs in Department of Health and Rehabilitative Services District IX. Whether the application for certificate of need number 6626 filed by Good Samaritan Hospital, Inc. for an inpatient adult cardiac catheterization program in District IX should be approved.Adult inpatient cardiac catheter- computation of fixed need pool.

91-002230 MARTIN MEMORIAL HOSPITAL ASSOCIATION, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Apr. 09, 1991

Whether Petitioner's letter of intent to file a certificate of need for the first batching cycle of 1991 was improperly rejected.Letter of intent to apply for certificate of need properly rejected where corporate resolution does not comport with pertinent rule.

91-001969RX MARTIN MEMORIAL HOSPITAL ASSOCIATION, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Mar. 27, 1991

Whether Rule 10-5.008(1)(d), Florida Administrative Code, is an invalid exercise of delegated legislative authority and whether Respondent's non-rule interpretation of this rule constitutes an invalid rule.Rule requiring that resolution approving Certificate Of Need application contain verbatim wording of statute found valid. Agency interpretation not a rule.

89-005115 ST. MARY'S HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1989)

Division of Administrative Hearings, Florida Filed: Sep. 19, 1989

At issue in these proceedings is whether there exists a need for a new open heart surgery program in HRS District IX and, if so, whether the applications of St. Mary's Hospital, Inc. (St. Mary's), Boca Raton Community Hospital, Inc. (Boca), and Martin Memorial Hospital Association, Inc. (Martin), or any of them, for a certificate of need to establish such a program should be approved.Challenge to published need for open heart services-incipient policy rejected-fixed need pool to be corrected in current cycle.

Byron B Mathews