Division of Administrative Hearings, Florida
Latest Update: Feb. 20, 1978
Whether Petitioner's application for a Certificate of Need and approval of a capital expenditure proposal pursuant to Chapter 381, Florida Statutes, and Section 1122 of the Social Security Act (42 U.S.C. 1320a-1), to establish a ten station chronic renal dialysis facility at Clearwater, Florida, should be granted. At a prehearing conference held on January 9, 1978, Bio-Medical Applications of Clearwater, Inc. was granted intervention as a party to these proceedings based on its current application for a Certificate of Need and for Section 1122 review of its capital expenditure proposal to establish a twenty station chronic renal dialysis facility in Clearwater, Florida, which is also the subject of state administrative proceedings at this time. The intervenor's Motion for Consolidation of its case with the instant case for the purposes of hearing was denied, after objection thereto by Petitioner. The Intervenor's Motion for a Continuance to enable it to conduct discovery procedures was denied in the absence of consent thereto by Petitioner, but the right was reserved to renew the motion after the final hearing had commenced. Intervenor did renew such motion at the time of final hearing. The motion was denied, it not having been shown that any discovery requests were then pending.Petitioner`s application for a certificate of need should be approved based on community need and cost effectiveness.
