Whether the adult open heart surgery rule in effect at the time the certificate of need (CON) applications were filed, and until January 24, 2002, or the rule as amended on that date is applicable to this case. Which, if any, of the applications filed by Martin Memorial Medical Center, Inc. (Martin Memorial); Bethesda Healthcare System, Inc., d/b/a Bethesda Memorial Hospital (Bethesda); and Boca Raton Community Hospital, Inc. (BRCH) meet the requirements for a CON to establish an adult open heart surgery program in Agency for Health Care Administration (AHCA) Health Planning District 9, for Okeechobee, Indian River, St. Lucie, Martin, and Palm Beach Counties, Florida.With four existing open heart programs all CON-approved, well dispersed geographically, declining in case volumes, and a new program at approximately 350 cases, no need established for another open heart provider in AHCA District 9.

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.

At issue in the proceeding is whether Daniel Sicard, a minor, suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan.Claimants failed to appear at final hearing or offer any proof to support their claim. Consequently, claimant failed to demonstrate that claim was compensable under the Plan and the claim was dismissed.

Petitioner, Broward Healthcare, Ltd., d/b/a Broward Convalescent Center, contests the decision of the Respondent, Department of Health and Rehabilitative Services, to deny its application for a certificate of need to construct a 120-bed nursing home in Broward County, Florida. The sole issue in this proceeding is whether there is a numeric need for 120 community nursing home beds in Broward County (District X) pursuant to the methodology established by Rule 10-5.11(21)(b), Florida Administrative Code.Department's interpretation of numeric need rule for nursing home beds lacked reasonable evidence basis. Applied rule failed to show need.

Whether the Agency for Health Care Administration should approve or deny Certificate of Need Application No. 7973, Holy Cross Hospital’s application for conversion and delicensure of 34 acute care beds in order to establish a 24-bed hospital-based skilled nursing unit? Whether the Agency for Health Care Administration should approve or deny Certificate of Need Application No. 7976, Northwest’s application to establish a 13 bed hospital-based skilled nursing unit through the conversion of 13 acute care beds and the concurrent delicensure of an additional five acute care beds?Special circumstances in Broward County call for award of skilled nursing beds to two hospitals.

Whether a need exists for an additional hospice in Agency for Health Care Administration service area 1. Whether the certificate of need application of Bay Medical Center to establish the hospice, on balance, meets the criteria for approval.Additional hospice needed numerically and in absence of explanation for lower hospice patient factor in District 1. New hospice creates demand for hospice care.

The issue presented is whether the Agency for Health Care Administration should approve or deny Halifax Hospital Medical Center's Certificate of Need Application, Number 7851, to provide adult open heart surgery services in District IV.Need for additional open heart surgery program shown by not normal circumstances and application for Certificate Of Need should be granted based on statutory and rule criteria.

On August 6, 1993, the Agency for Health Care Administration (AHCA or Agency) published a Notice of Adult Open Heart Surgery Program Fixed Need Pool in the Florida Administrative Weekly, Vol. 19, No. 31. The Agency projected need for one additional adult open heart surgery (OHS) program in District X for the January 1996 planning horizon. District X consists entirely of Broward County, Florida. Five hospitals in Broward County, including Petitioner Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center (Westside), timely filed Letters of Intent and submitted Certificate of Need (CON) applications seeking to establish an adult OHS program at their respective facilities. The Agency assigned CON Action No. 7455 to Westside's CON application. On January 21, 1994, AHCA published in the Florida Administrative Weekly, Vol. 20, No. 3, notice of its intent to preliminarily deny all CON applications for an adult OHS program in District X. Four of the five applicants timely filed petitions to challenge AHCA's decision, including Cleveland Clinic Florida Hospital d/b/a Cleveland Clinic Hospital (Cleveland Clinic) (DOAH Case No. 94- 1019), Westside (DOAH Case No. 94-1020), North Broward Hospital District d/b/a North Broward Medical Center (NBMC) (DOAH Case No. 94-1022), and Plantation General Hospital, L.P. (DOAH Case No. 94-1023).Petitioner did not prove that there was a need for another open heart surgery program in District X. Petitioner's proposal did not meet statutory and rule criteria.

The issue for determination is whether an agency statement, and criteria used in support of the statement, constitute a rule under Subsection 120.52(16), Florida Statutes (1993), whether the statement and criteria have been adopted as a rule pursuant to Section 120.54, Florida Statutes (1993), and whether the statement and criteria violate Subsection 120.535(1), Florida Statutes (1993).Error in adjudication of a Certificate of need case not non-rule statement of general applicability; 120.535 petition dismissed.

Whether certificate of need application number 7184 for the establishment of adult open heart surgery services at Baptist Hospital, Pensacola, Florida, filed in March 1993, meets statutory and rule criteria for approval.Size of hospital, its cardiology department, cardiologists and patient preferences are institution-specific concerns not normal bases for open heart certificate of need.