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  8. Frank Paul Rainer
Frank Paul Rainer
Frank Paul Rainer
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Bar #436518(FL)     License for 41 years; Member in Good Standing
Fort Lauderdale FL

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04-000258RP  ASSOCIATION FOR RETARDED CITIZENS OF FLORIDA, INC. vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Jan. 16, 2004
Whether proposed amendments to Florida Administrative Code Rule 59G-8.200 are invalid exercises of delegated legislative authority.Portions of the waiver program handbook were invalid exercises of delegated legislative authority. The limitation of services for residential rehabilitation services, respite care, and adult day training were determined to be valid.
05-000087RP  FLORIDA ASSOCIATION OF REHABILITATION FACILITIES, INC., SPECTRUM COMMUNITY SERVICES, LTD., AND THE ARC OF ST. LUCIE COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2005)
Division of Administrative Hearings, Florida Filed: Jan. 11, 2005
Whether the undisputed facts of this case support a Final Order of Dismissal against the Respondent, Agency for Health Care Administration.The failure to provide a point of entry to Petitioners demonstrates a substantial departure from the law and warrants the invalidation of the rule.
99-002028CON  SAWGRASS CARE CENTER, INC. vs AMERICAN RETIREMENT CORPORATION; WOODLANDS EXTENDED CARE, INC.; NATIONAL HEALTHCARE CORPORATION; FLORIDA NURSING CARE ASSOCIATES (GEORGIA), LLC.; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (1999)
Division of Administrative Hearings, Florida Filed: Apr. 30, 1999
Which of three competing applicants for a certificate of need to construct a nursing home in health planning District 4, Subdistrict 3, best meets the statutory and rule criteria for approval.On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
99-002194CON  NATIONAL HEALTHCARE, L.P. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1999)
Division of Administrative Hearings, Florida Filed: May 13, 1999
Which of three competing applicants for a certificate of need to construct a nursing home in health planning District 4, Subdistrict 3, best meets the statutory and rule criteria for approval.On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
99-002195CON  WOODLANDS EXTENDED CARE, INC. vs NATIONAL HEALTHCARE CORPORATION AND AGENCY FOR HEALTH CARE ADMINISTRATION  (1999)
Division of Administrative Hearings, Florida Filed: May 13, 1999
Which of three competing applicants for a certificate of need to construct a nursing home in health planning District 4, Subdistrict 3, best meets the statutory and rule criteria for approval.On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
99-002757CON  NATIONAL HEALTHCARE CORPORATION vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1999)
Division of Administrative Hearings, Florida Filed: Jun. 22, 1999
Which of three competing applicants for a certificate of need to construct a nursing home in health planning District 4, Subdistrict 3, best meets the statutory and rule criteria for approval.On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
00-003203CON  LIFEPATH, INC., D/B/A LIFEPATH HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION AND HERNANDO-PASCO HOSPICE, INC.  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2000
The issue in the case is whether the Agency for Health Care Administration should approve the application of Hernando-Pasco Hospice, Inc., for Certificate of Need No. 9311 to provide hospice services in Hillsborough County, Florida.Lack of competition is not a special circumstance warranting approval of Certificate of Need application. Other criteria do no outweigh lack of numeric need.
00-003205CON  HERNANDO-PASCO HOSPICE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND LIFEPATH, INC., D/B/A LIFEPATH HOSPICE  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2000
The issue in the case is whether the Agency for Health Care Administration should approve the application of Hernando-Pasco Hospice, Inc., for Certificate of Need No. 9311 to provide hospice services in Hillsborough County, Florida.Lack of competition is not a special circumstance warranting approval of Certificate of Need application. Other criteria do no outweigh lack of numeric need.
02-001999BID  BAYVIEW CENTER FOR MENTAL HEALTH, INC. vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2002)
Division of Administrative Hearings, Florida Filed: May 16, 2002
Whether the proposed decision of the Department of Children and Family Services to award the contract for Florida Assertive Community Treatment (FACT) Programs for District 11, as set forth in RFP No. 01H02FP5, to Psychotherapeutic Services of Florida, Inc., was contrary to the Agency's governing statutes, the Agency's rules or policies, or the specifications of the RFP?Petitioner failed to prove that Agency`s proposed action to award contract to Intervenor is contrary to statutes, rules, policies, or language of the Request for Proposal. Recommend dismiss protest.
00-001067CON  HERNANDO-PASCO HOSPICE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2000)
Division of Administrative Hearings, Florida Filed: Mar. 09, 2000
Whether the numeric need for hospice programs in health planning subdistrict 6A for the March 2000, batching cycle should be one, as originally published by the Agency for Health Care Administration, or zero, as published in a revision of the original publication?Second publication of fixed need pool of zero for hospices in Service Area 6A should stand.

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