Leon FL Lawyers | John Francis Gilroy III -- eLawyers

00-003356 QUALITY HEALTH CARE CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2000)

Division of Administrative Hearings, Florida Filed: Aug. 11, 2000

Whether or not Tags F224 and F281 were appropriately cited by Respondent, Agency for Health Care Administration, during a May 25 and 26, 2000, complaint survey; if so, if they warranted designation as Class I deficiencies with a severity of "J"; and, as a result, was a "conditional" licensure status appropriately issued to Petitioner, Quality Health Care Center.This is a challenge to a change of licensure status for alleged violations of 42 Code of Federal Regulation Section 483.13 (c)(1)(i) and Section 483.20(k)(3)(i). Licensure status restored to standard.

97-001181CON VENCOR HOSPITALS SOUTH, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: Mar. 12, 1997

Whether Certificate of Need Application No. 8614, filed by Vencor Hospitals South, Inc., meets, on balance, the applicable statutory and rule criteria. Whether the Agency for Health Care Administration relied upon an unpromulgated and invalid rule in preliminarily denying CON Application No. 8614.Long term care hospital CON met criteria for approval; no appropriate alternatives in district; need methodology of applicant applied in absence of agency rule methodology.

97-004419RU VENCOR HOSPITALS SOUTH, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: Sep. 19, 1997

Whether the Agency for Health Care Administration has a policy regarding the determination of the need for long term care beds which constitutes a rule and, if so, whether rulemaking is feasible and practicable.Unpromulgated rule invalid to support AHCA change of policy on whether long term care is a separate bed category when agency rules define long term care as separate.

97-005020CON MARTIN MEMORIAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: Oct. 24, 1997

Whether the application of Martin Memorial Medical Center, Inc., to establish a 15-bed hospital-based skilled nursing unit meets the criteria for the issuance of a certificate of need.No standing for CMR provider with no injury-in-fact demo. from est. of hospital-based SNU located 60 mi. away, with no history of adverse impact from other SNUs, and differences in intensity of service, although within Agrico zone of protected int.

96-001418RU AVENTURA HOSPITAL AND MEDICAL CENTER, COLUMBIA REGIONAL MEDICAL CENTER AT BAYONET POINT vs AGENCY FOR HEALTH CARE ADMINISTRATION (HCCB) (1996)

Division of Administrative Hearings, Florida Filed: Mar. 20, 1996

Whether policies of the Agency For Health Care Administration (Agency) which impose certain obligations upon hospitals with regard to classification in Prior Year Reports of activity related to certain home health agencies violate the requirement that those statements, rules by definition, be adopted as rules.1 Sections 120.54(1)(a) and 120.56(4), Fla. Stat. (1996 Supp). An additional issue for consideration is whether certain provisions of the Florida Hospital Uniform Reporting System (FHURS) Manual, incorporated by reference in Rule 59E-5.102, Florida Administrative Code, constitute invalid exercises of delegated legislative authority as otherwise set forth in Section 120.52(8), Fla. Stat. (1996 Supp.)Respondent's policy changing manual interpretation is a rule which requires promulgation; further, challenged manual provisions are invalid rules.

97-002151F AVENTURA HOSPITAL AND MEDICAL CENTER, COLUMBIA REGIONAL MEDICAL CENTER AT BAYONET POINT, L. W. BLAKE HOSPITAL, ENGLEWOOD COMMUNITY HOSPITAL, FAWCETT MEMORIAL HOSPITAL, KENDALL REGIONAL MEDICAL CENTER, COLUMBIA PARK MEDICAL CENTER, MIAMI HEART INSTITUTE, vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: May 06, 1997

The amount of attorneys fees and costs, if any, that should be awarded Petitioners pursuant to the Final Order issued on March 4, 1997, in Division of Administrative Hearings Case No. 96-1418RU, et al., finding Petitioners entitled to attorneys fees and costs pursuant to the provisions of Section 120.595, Florida Statutes (Supp. 1996) and retaining jurisdiction to determine the "reasonable amounts" of such fees and costs

96-005369CON ELYSIUM REHABILITATION CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1996)

Division of Administrative Hearings, Florida Filed: Nov. 15, 1996

Whether the application of Elysium Rehabilitation Center Inc., (“Elysium”) for a certificate of need (CON) to construct and operate a 120-bed nursing home along with a CON application for an included 20-bed subacute unit in Palm Beach County, Florida, and the application of Good Samaritan Hospital (“Good Samaritan”) for a CON to convert 27 acute care beds to a 27-bed hospital-based skilled nursing unit (SNU), also known as a “subacute unit”, should be approved or denied.Absent showing of need or unique circumstances, applications for Certificate of Needs (CONs) should be dismissed.

93-004890CON ST. LUKE`S HOSPITAL ASSOCIATION, D/B/A ST. LUKE`S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

Whether the Agency for Health Care Administration should grant or deny CON Application No. 7202, an application by St. Luke's Hospital Association, Inc. for a liver transplantation program at St. Luke's Hospital in Jacksonville, Florida?Liver transplantation program determined to be needed at St. Luke's in Jacksonville.

96-000801CON RHA/FL OPERATIONS, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1996)

Division of Administrative Hearings, Florida Filed: Feb. 12, 1996

Whether Petitioner's Certificate of Need (CON) application was complete and should have been accepted by the Respondent.Respondent failed to meet Certificate Of Need financial disclosure requirements by failing to produce two most recent financial statements.

94-004695 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs HOLLY HILL AERIE NO. 4033 FOE, INC., D/B/A FRATERNAL ORDER OF EAGLES NO. 4033 (1994)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1994

Whether Respondent was deficient in reporting and remitting alcoholic beverage surcharges required for the audit period July 1, 1990 through October 31, 1993.Respondent inefficient in reporting and paying surcharges; Petitioner's audit method not improper; Respondent's method inaccurate; fine.

John Francis Gilroy III