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Craig Dallas Miller
Craig Dallas Miller
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Bar #101637(FL)     License for 12 years
Tallahassee FL

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17-001976RX  ORLANDO HEALTH CENTRAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 30, 2017
Whether Florida Administrative Code Rule 59C-1.012(2)(a) is an invalid exercise of delegated legislative authority in violation of section 120.52(8) because the rule exceeds the Agency for Health Care Administration’s (“AHCA”) grant of rulemaking authority; Whether rule 59C-1.012(2)(a) is an invalid exercise of delegated legislative authority under section 120.52(8), because the rule enlarges, modifies, or contravenes the law purported to be implemented; and Whether section 408.0455, Florida Statutes, prevents a determination that rule 59C-1.012(2)(a) is invalid.Petitioner did not meet its burden to invalidate rule 59C-1.012(2)(a).
17-000551CON  FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL, AND ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL vs SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-000553CON  FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL, AND ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL vs VENICE HMA HOSPITAL, LLC, D/B/A VENICE REGIONAL BAYFRONT HEALTH AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
16-000112CON  KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000115CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
17-000554CON  MARION COMMUNITY HOSPITAL, INC., D/B/A OCALA REGIONAL MEDICAL CENTER; CITRUS MEMORIAL HOSPITAL, INC., D/B/A CITRUS MEMORIAL HOSPITAL; AND MARION COMMUNITY HOSPITAL, INC., D/B/A WEST MARION COMMUNITY HOSPITAL vs MUNROE HMA HOSPITAL, LLC, D/B/A MUNROE REGIONAL MEDICAL CENTER AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
This proceeding involves Certificate of Need (“CON”) application number 10449, submitted to the Agency by Munroe Regional, seeking to establish a 66-bed general acute care hospital in Marion County, Florida, District 3, Subdistrict 3-4. The nature of the controversy is whether, on balance, the CON application satisfies the applicable statutory and rule criteria and should be approved.Petitioners proved by a preponderance of evidence that the Certificate of Need requested by Munroe Regional should not be approved.
15-000130CON  CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION, D/B/A CLEVELAND CLINIC HOSPITAL vs PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, D/B/A PLANTATION GENERAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Jan. 08, 2015
Whether Certificate of Need (CON) Application No. 10235, filed by Plantation General Hospital Limited Partnership, d/b/a Plantation General Hospital (PGH) to establish a 200-bed replacement, acute care hospital in Davie, Broward County, Florida, Agency for Health Care Administration (AHCA or Agency) acute care District 10, satisfies, on balance, the applicable statutory and rule review criteria.Due to the physical constraints of its existing facility and other factors, Plantation General Hospital established the need for its proposed replacement hospital. Impact on competitors not sufficient to warrant denial.

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