Leon FL Administrative law, Litigation and Real estate Lawye -- eLawyers

16-003819CON EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Jul. 05, 2016

The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.

16-003820CON THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA D/B/A JACKSON HOSPITAL WEST vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Jul. 05, 2016

The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.

16-000114CON CGH HOSPITAL, LTD., D/B/A CORAL GABLES HOSPITAL; TENENT HIALEAH HEALTHSYSTEM, INC., D/B/A HIALEAH HOSPITAL; AND LIFEMARK HOSPITALS, INC., D/B/A PALMETTO GENERAL HOSPITAL 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.

17-004349BID VARIETY CHILDREN'S HOSPITAL, D/B/A NICKLAUS CHILDREN'S HOSPITAL vs DEPARTMENT OF HEALTH (2017)

Division of Administrative Hearings, Florida Filed: Aug. 02, 2017

Whether the Department of Health's ("Department") intended award of the contract under Request for Proposals DOH16-028, Local Early Step ("LES") Program offices ("the RFP"), to Intervenor A.W. Holdings, LLC, d/b/a Benchmark Human Services ("Benchmark"), is contrary to the Department's governing statutes, rules, policies or the specifications of the RFP, and is clearly erroneous, contrary to competition, arbitrary or capricious.The Petitioner did not prove that the Department's intended award to the Intervenor of the Department's Local Early Step program was clearly erroneous, contrary to competition, arbitrary or capricious.

15-005556CON THE HOSPICE OF THE FLORIDA SUNCOAST, INC., D/B/A SUNCOAST HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Oct. 05, 2015

The issue in this case is whether the application of Seasons Hospice & Palliative Care of Pinellas County, LLC (Seasons), for a certificate of need (CON) to establish a new hospice program in service area 5B (Pinellas County), should be approved or denied.Balance of review criteria weighs heavily in favor of issuing CON to Seasons for the second hospice in the large, elderly Pinellas service area. On the facts, competition will enhance quality and access to hospice services.

12-000428CON COLUMBIA HOSPITAL (PALM BEACHES) LIMITED PARTNERSHIP, D/B/A WEST PALM HOSPITAL, AND JUPITER MEDICAL CENTER, INC., D/B/A JUPITER MEDICAL CENTER vs FLORIDA REGIONAL MEDICAL CENTER, INC. AND AGENCY FOR HEALTH CARE ADMINISTRATION (2012)

Division of Administrative Hearings, Florida Filed: Jan. 27, 2012

Whether Certificate of Need (CON) Application No. 10130, filed by Florida Regional Medical Center (FRMC) for an 80-bed acute-care hospital in Palm Beach County, Florida, Agency for Health Care Administration (AHCA) health planning district 9, sub-district 9-4, satisfies, on balance, the applicable statutory and rule criteria.Applicant failed to demonstrate need for its proposed hospital; evidence submitted did not satisfy, on balance, the applicable statutory and rule criteria; needs of research and educational facilities are no longer considered in CON review.

12-000496CON JUPITER MEDICAL CENTER, INC., D/B/A JUPITER MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2012)

Division of Administrative Hearings, Florida Filed: Feb. 03, 2012

Whether Certificate of Need (CON) Application No. 10130, filed by Florida Regional Medical Center (FRMC) for an 80-bed acute-care hospital in Palm Beach County, Florida, Agency for Health Care Administration (AHCA) health planning district 9, sub-district 9-4, satisfies, on balance, the applicable statutory and rule criteria.Applicant failed to demonstrate need for its proposed hospital; evidence submitted did not satisfy, on balance, the applicable statutory and rule criteria; needs of research and educational facilities are no longer considered in CON review.

11-002600 GLENN MARK MCALPIN AND LINDA MCALPIN vs MARK S. DEVRIES, RITA L. DEVRIES, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2011)

Division of Administrative Hearings, Florida Filed: May 23, 2011

The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application filed by the DeVries for a coastal construction line (CCCL) permit to build a house (with dolomite drive, septic tank, and drain field) and a dune walkover seaward of the CCCL on their property on the St. Joe Peninsula in Gulf County (Permit GU- 501).Application for CCCL for second-tier beach house met criteria, with additional condition to avoid indirect impacts to significant dune feature.

05-002352CON WELLINGTON REGIONAL MEDICAL CENTER, INC., D/B/A WELLINGTON REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND BETHESDA HEALTHCARE SYSTEM, INC., D/B/A WEST BOYNTON COMMUNITY HOSPITAL (2005)

Division of Administrative Hearings, Florida Filed: Jun. 28, 2005

Bethesda Healthcare Systems, Inc., filed Certificate of Need Application No. 9838 with the Agency for Health Care Administration. The application seeks authority to establish an 80-bed acute care satellite hospital in the West Boynton area of south Palm Beach County. The issue in this case is whether the Agency should approve the application.Bethesda Healthcare demonstrated the need for an 80-bed satellite hospital in the West Boynton area on the basis of enhanced access to emergency services for the elderly.

Eugene Dylan Rivers