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.

Whether there is need for a new Pediatric Heart Transplant program in Organ Transplant Service Area (OTSA), 4 and, if so, whether Certificate of Need (CON) Application No. 10421, filed by Variety Children’s Hospital, d/b/a Nicklaus Children’s Hospital (NCH,) to establish a Pediatric Heart Transplant program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a Pediatric Heart Transplant program at NCH.Nicklaus Children's Hospital established the need for its proposed pediatric heart transplant program in OTSA 4.

Whether Respondent’s intended action to award Contract No. E3Q37 to VacVision Environmental, LLC, for “Milton Operations Routine Maintenance,” is contrary to Respondent’s solicitation specifications.Petitioner failed to prove that the Department of Transportation's intended award to Intervenor was contrary to the bid specifications, which required either an electronic or original paper bid bond.

Whether the Agency for Health Care Administration (AHCA) should approve the application of Compassionate Care Hospice of the Gulf Coast, Inc. (Petitioner, the Applicant, or CCH), for Certificate of Need (CON) No. 10337 to provide hospice services in Sarasota County, Florida.Petitioner failed to prove "special circumstances" necessary for approval of its CON Application for a new hospice program in Service Area 8D, where there was a fixed need pool of zero.

The issue in this fixed need pool challenge is whether Respondent erred in determining that there is a numeric need for one additional hospice program in service area 5A.Published need for hospice SA 5A was in error. AHCA did not use current death data per need rule. Argument that APA requires rule promulgation to adopt each new data report before using new data is contrary to AHCA's rule and practice and is wrong.

The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.

This proceeding concerns Heart of Florida’s Certificate of Need (CON) Application No. 10163 in which it seeks to add up to 14 Comprehensive Medical Rehabilitation (CMR) beds to its existing acute care hospital in Polk County (District 6), and Highlands Regional’s CON Application No. 10165 seeking to add up to seven CMR beds to its existing acute care hospital located in Highlands County (District 6). The CON Applications submitted by Heart of Florida and Highlands Regional were comparatively reviewed with the following co-batched applications to establish new inpatient CMR units in District 6: HealthSouth Rehabilitation Hospital of Polk County, LLC (CON #10162), and Lakeland Regional Medical Center, Inc. (CON #10164). On December 7, 2012, the Agency for Health Care Administration (“AHCA”) preliminarily approved CON Application No. 10164, submitted by Lakeland Regional Medical Center, Inc., and denied all other co-batched applications. Each of the denied applicants filed a Petition for Formal Administrative Hearing to contest the denial of its application. The matters were consolidated into a single proceeding at DOAH. However, the files on Lakeland Regional and HealthSouth Rehabilitation were closed as of April 8, 2013, when the present Petitioners withdrew their opposition to approval of CON 10164 and HealthSouth voluntarily dismissed its petition for formal hearing. The issues remaining in this matter are whether the CON applications filed by Heart of Florida and Highlands Regional in Agency for Health Care Administration (AHCA or the Agency) District 6, satisfy, on balance, the applicable statutory and rule review criteria sufficiently to warrant approval and, if so, whether either or both of the applications should be approved.Neither Petitioner proved by a preponderance of evidence the existence of circumstances warranting approval of their CON applications.

This proceeding concerns Heart of Florida’s Certificate of Need (CON) Application No. 10163 in which it seeks to add up to 14 Comprehensive Medical Rehabilitation (CMR) beds to its existing acute care hospital in Polk County (District 6), and Highlands Regional’s CON Application No. 10165 seeking to add up to seven CMR beds to its existing acute care hospital located in Highlands County (District 6). The CON Applications submitted by Heart of Florida and Highlands Regional were comparatively reviewed with the following co-batched applications to establish new inpatient CMR units in District 6: HealthSouth Rehabilitation Hospital of Polk County, LLC (CON #10162), and Lakeland Regional Medical Center, Inc. (CON #10164). On December 7, 2012, the Agency for Health Care Administration (“AHCA”) preliminarily approved CON Application No. 10164, submitted by Lakeland Regional Medical Center, Inc., and denied all other co-batched applications. Each of the denied applicants filed a Petition for Formal Administrative Hearing to contest the denial of its application. The matters were consolidated into a single proceeding at DOAH. However, the files on Lakeland Regional and HealthSouth Rehabilitation were closed as of April 8, 2013, when the present Petitioners withdrew their opposition to approval of CON 10164 and HealthSouth voluntarily dismissed its petition for formal hearing. The issues remaining in this matter are whether the CON applications filed by Heart of Florida and Highlands Regional in Agency for Health Care Administration (AHCA or the Agency) District 6, satisfy, on balance, the applicable statutory and rule review criteria sufficiently to warrant approval and, if so, whether either or both of the applications should be approved.Neither Petitioner proved by a preponderance of evidence the existence of circumstances warranting approval of their CON applications.

Whether Respondent, Allan V. Comrie d/b/a Premier Adult Care; Allan V. Comrie d/b/a First Class Phase II; and Allan V. Comrie d/b/a First Class Adult Family Care (Respondent or Comrie), committed the violations alleged by Petitioner, Agency for Health Care Administration (AHCA or Petitioner), and, if so, what penalty should be imposed.Operation of unlicensed ALF constitutes a Class I violation.

Did Compassionate Care demonstrate not normal or special circumstances exist to justify approval of its Certificate of Need (CON) application to establish a new hospice program in Service District (Service Area) 11 in the absence of published numeric need? If Compassionate Care demonstrated not normal or special circumstances to justify approval, does Compassionate Care's CON application satisfy the requirements of Florida Administrative Code Rule 59C-1.0355, and section 408.035, Florida Statutes (2010)?1/Newly approved hospice acquisition of existing provider made "default to zero" requirement have no weight in need determination. Without "default," need for new hospice shown. Applicant did not prove barriers to access for Hispanics and ALF residents.