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Gerald Barry Sternstein
Gerald Barry Sternstein
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Bar #227161(FL)     License for 47 years; Member in Good Standing
Coral Gables FL

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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.
00-001067CON  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.
98-003420RX  PUNTA GORDA HMA, INC., O/B/O CHARLOTTE REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1998)
Division of Administrative Hearings, Florida Filed: Jul. 27, 1998
Whether the second and third sentences of Rule 59C-1.033(7)(c), Florida Administrative Code, are invalid? If so, whether they may be severed from the remainder of the Rule?First two sentences of Rule 59C-1.033(7)(c), FAC, are invalid. Certificate of Need applications of Sarasota and Venice should be denied: Sarasota`s - quality of care issues; Venice`s - it will drop Charlotte`s annual open heart surgery value below 350.
98-001134CON  PUNTA GORDA HMA, INC., LICENSEE FOR CHARLOTTE REGIONAL MEDICAL CENTER vs BON SECOURS - VENICE HEALTHCARE CORPORATION AND AGENCY FOR HEALTH CARE ADMINISTRATION  (1998)
Division of Administrative Hearings, Florida Filed: Mar. 05, 1998
Whether either, both, or neither of the applications by Sarasota Doctors Hospital, Inc., and Bon Secours-Venice Health Care Corporation for an open heart surgery program in District 8 should be approved?First two sentences of Rule 59C-1.033(7)(c), FAC, are invalid. Certificate of Need applications of Sarasota and Venice should be denied: Sarasota`s - quality of care issues; Venice`s - it will drop Charlotte`s annual open heart surgery value below 350.
97-005414CON  LIFE CARE HEALTH RESOURCES, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND NATIONAL HEALTHCARE, L.P.  (1997)
Division of Administrative Hearings, Florida Filed: Nov. 20, 1997
Which Certificate of Need (CON) application for a new 120- bed community nursing home in Agency for Health Care Administration, Nursing Home District 1, Subdistrict 1, should be granted: Life Care Health Resources, Inc. (CON No. 8802) or National HealthCare L.P. (CON No. 8799).Agency for Health Care Administration correctly determined that NHC`s application was superior; Protective Payment Systems evidence was admissible as a changed circumstance.
96-004040CON  MEDSHARES OF FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1996)
Division of Administrative Hearings, Florida Filed: Aug. 28, 1996
Whether applications for Certificates of Need filed by Medshares of Florida, Inc., and National Healthcare, L.P., for Medicare Certified Home Health Agencies in Health Planning District 8 for the July 1997 Planning Horizon, should be granted or denied by the Agency for Health Care Administration.Home health care applicants for Medicare-certified CON should be granted CONs based on reasonable methodologies showing need.
96-004018CON  HEALTHCARE SYSTEMS, U.S.A., INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1996)
Division of Administrative Hearings, Florida Filed: Aug. 28, 1996
Whether there is a need for any additional home health care agencies in AHCA District 5 for Pinellas and Pasco Counties, and, whether the certificate of need applications filed in March 1996 to establish Medicare-certified home health agencies in District 5 meet, on balance, the statutory and rule criteria for approval.No need for additional home health agency in planning horizon set by rule, although numeric need method in rule was invalidated in prior case.

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