Miami-Dade FL Lawyers | Gerald Barry Sternstein -- eLawyers

94-002393CON HOLMES/VHA LONG TERM CARE JOINT VENTURE, D/B/A HOLMES REGIONAL NURSING CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: May 03, 1994

Which of two competing applications for nursing home beds better meets the statutory and rule criteria to satisfy the numeric need for 79 additional beds in Agency for Health Care Administration District 7, Subdistrict 1, Brevard County.AHCA interprets rule to require board resolution only with letter of intent; superior design to separate subacute and alzheimers' care favored over part Hospital-owned application.

93-006264CON ALACHUA GENERAL HOSPITAL, INC. vs LAKE PORT PROPERTIES, D/B/A LAKE PORT NURSING CENTER (1993)

Division of Administrative Hearings, Florida Filed: Dec. 13, 1994

Whether the applications for certificates of need filed by Petitioners Alachua General Hospital, Inc., Oakhurst Manor Nursing Corporation and Florida Convalescent Centers, Inc., meet the requirements of law and should be approved based on application of the statutory review criteria or upon other considerations.Applicant's failure to file financial data is fatal.

93-006291CON AZALEA TRACE, INC. vs FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF WINTER HAVEN (1993)

Division of Administrative Hearings, Florida Filed: Mar. 14, 1995

West Florida's Motion for Summary Recommended Order Dismissing Azalea Trace (the Motion) has two grounds: That the letter of intent of Petitioner is fatally flawed because the Executive Committee of Azalea Trace, acting for the Board of Directors, lacked the authority to commit the Petitioner to a project costing in excess of $250,000 without the approval of Baptist Health Care Corporation. That the letter of intent of Petitioner is fatally flawed because the Executive Committee filed the letter of intent and appropriate resolution which the Executive Committee had passed on May 17, 1993, but the Board of Directors did not approve the resolution until May 24, 1993.HO Dism'd Pet because P's Bd lacked auth. to obligate Corp. to project under bylaws. HRS remanded finding a distinction betw commitment & approval.Settle

90-005190 BOARD OF MEDICINE vs PATRICK J. MCCARTHY (1990)

Division of Administrative Hearings, Florida Filed: Aug. 17, 1990

Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaints?Obstetrician did not meet standards when he twisted baby's head to rotate and free baby's shoulder in course of delivery.

91-005705 BAPTIST HOSPITAL OF MIAMI, INC. vs HEALTHSOUTH REHABILITATION HOSPITAL OF TALLAHASSEE (1991)

Division of Administrative Hearings, Florida Filed: Sep. 04, 1991

Whether the Department of Health and Rehabilitative Services should issue certificates of need, in District 11, for the addition of 33 comprehensive medical rehabilitation beds to West Gables Rehabilitation Hospital, and/or for the establishment of a 45-bed comprehensive medical rehabilitation hospital to HealthSouth Rehabilitation Corporation.Conversion from skilled nursing facility to comprehensive medical rehabilitation beds when skilled nursing facility already provided rehab services; need from not normal payor trends, and demand for accredited brain program.

92-002766CON COLONIAL HEALTHCARE, INC. vs LIFE CARE CENTERS OF AMERICA, INC. (1992)

Division of Administrative Hearings, Florida Filed: May 05, 1992

Colonial Healthcare, Inc. ("Colonial"), National Healthcorp, L. P. ("NHC"), and Life Care Centers of America, Inc. ("Life Care") filed applications, in December 1991, for certificates of need ("CONs") to construct 120 bed nursing homes in Department of Health and Rehabilitative Services ("HRS"), District 4.Capital projects list is incomplete without approved certificate of need in another state and capital projects underway at existing facilities.

91-002927 FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF ORLANDO vs COORDINATED CARE, INC., AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: May 10, 1991

Whether the certificate of need applications of Health Care and Retirement Corporation, d/b/a Heartland Health Care of Orange County and/or Coordinated Care, Inc., d/b/a Care Center of Orange County meet the applicable and disputed criteria of Subsections 381.705(1), (2), and 381.707, Florida Statutes. Which of the applications is the superior proposal to meet the published need for 120 additional nursing home beds in HRS District VII, Subdistrict II, for Orange County, Florida.Community nursing home-identity of proposed applicant changed; distinct alzheimer's unit.

90-006905 HUMHOSCO, INC., D/B/A HUMANA HOSPITAL-NORTHSIDE vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Oct. 30, 1990

Whether Petitioners (collectively referred to as "Humana") are entitled to exemptions from the Certificate of Need ("CON") Law, to establish certain services at their facilities, pursuant to Subsection 381.713(1)(b), Florida Statutes (1989), (a provision which was repealed by Chapter 91-282, Laws of Florida). Whether Intervenors have standing to contest the exemption requests of Humana.HMO exemption for inpatient institutional, but not tertiary services; HMO control via voting agreement.

90-007563 COORDINATED CARE, INC. vs MARRIOTT RETIREMENT COMMUNITIES INC., D/B/A CALUSA HARBOR HEALTH CARE CENTER (1990)

Division of Administrative Hearings, Florida Filed: Nov. 29, 1990

The issues in these cases are as follows: As to Case No. 90-7563: Whether Coordinated Care Inc.'s (Coordinated Care) application for a certificate of need to construct and operate a new, 120 bed nursing home in Orange County, Florida, should be approved; and whether such applicant's proposal is superior, when comparatively reviewed, to the proposal submitted by Florida Convalescent Centers, Inc. (Florida Convalescent) which has been preliminarily approved by the Department of Health and Rehabilitative Services (Department). As to Case No. 90-7565: Whether Marriott Retirement Communities, Inc.'s (Marriott) application for a certificate of need for 39 beds to be operated in association with an adult congregate living facility should be approved as preliminarily decided by the Department as it meets statutory and rule criteria for approval; or, whether it should be denied based upon the challenge filed by Health Quest Management Corporation (Health Quest), an existing provider.Comparative review of nursing home applicants recommended approval of Marriot's and Florida convalescent's proposals.

90-006255 TRUSTEES OF MEASE HOSPITAL, INC., D/B/A MEASE DUNEDIN HOSPITAL vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Oct. 01, 1990

Whether Trustees of Mease Hospital, Inc., d/b/a Mease Hospital Dunedin ("Mease") is entitled to be included on the Neonatal Intensive Care Unit ("NICU") inventory, as authorized to provide Level III NICU services in five (5) Level III beds in Department of Health and Rehabilitative Services ("HRS") District 5. Whether All Children's established its standing to intervene in Case No. 90-6255, as an existing provider of Level III NICU services in HRS District 5. Whether Morton Plant established is standing to intervene in the consolidated cases, as an existing provider of Level II NICU services in HRS District 5.Neonatal intensive care unit level III grandfather not applicable.

Gerald Barry Sternstein