Division of Administrative Hearings, Florida
Filed: May 26, 1994
Martin Memorial Medical Center, Inc. ("Martin Memorial") challenged the preliminary issuance of certificate of need ("CON") No. 7241 to establish adult inpatient cardiac catheterization ("cath") services at HCA Services of Florida, Inc., d/b/a HCA Medical Center of Port Saint Lucie ("HCA Medical Center"). In their Joint Prehearing Stipulation of September 2, 1994, the parties agreed that HCA Medical Center's entitlement to the CON depends solely on whether there is a numeric need for an additional adult inpatient cardiac cath program in Agency For Health Care Administration ("AHCA") District 9. AHCA published its numeric need determination on February 5, 1993, and its preliminary decision on July 23, 1993. The petition in the CON case was filed, pursuant to subsection 120.57(1), Florida Statutes, on August 25, 1993.Section 120.535, Florida Statutes, challenge mooted by adoption as a rule of previously unpromulgated statement. An amendment of Section 120.56 petition to Section 120.535 is permitted.