Division of Administrative Hearings, Florida
Filed: Feb. 25, 1994
On August 6, 1993, the Agency for Health Care Administration (AHCA or Agency) published a Notice of Adult Open Heart Surgery Program Fixed Need Pool in the Florida Administrative Weekly, Vol. 19, No. 31. The Agency projected need for one additional adult open heart surgery (OHS) program in District X for the January 1996 planning horizon. District X consists entirely of Broward County, Florida. Five hospitals in Broward County, including Petitioner Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center (Westside), timely filed Letters of Intent and submitted Certificate of Need (CON) applications seeking to establish an adult OHS program at their respective facilities. The Agency assigned CON Action No. 7455 to Westside's CON application. On January 21, 1994, AHCA published in the Florida Administrative Weekly, Vol. 20, No. 3, notice of its intent to preliminarily deny all CON applications for an adult OHS program in District X. Four of the five applicants timely filed petitions to challenge AHCA's decision, including Cleveland Clinic Florida Hospital d/b/a Cleveland Clinic Hospital (Cleveland Clinic) (DOAH Case No. 94- 1019), Westside (DOAH Case No. 94-1020), North Broward Hospital District d/b/a North Broward Medical Center (NBMC) (DOAH Case No. 94-1022), and Plantation General Hospital, L.P. (DOAH Case No. 94-1023).Petitioner did not prove that there was a need for another open heart surgery program in District X. Petitioner's proposal did not meet statutory and rule criteria.