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Kenneth W. Brookins
Kenneth W. Brookins
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Flagler Beach FL

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04-002810CON  HOLMES REGIONAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Aug. 11, 2004
The issue is whether Petitioner’s application for a Certificate of Need to establish a new 84-bed acute care hospital in Viera should be approved.The Certificate of Need application for a new 84-bed hospital in Viera, Florida, should be denied because Petitioner failed to prove that the hospital is needed.
03-004066CON  HOPE OF SOUTHWEST FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: Nov. 03, 2003
The issue is whether the Agency for Health Care Administration should approve Petitioner’s application for a Certificate of Need to establish a new hospice program in Service Area 8A.Agency should deny CON application for new hospice in service area 8A, Charlotte and Desoto counties. The existing hospice adequately serves the area, and applicant failed to prove any unmet need or other special circumstances as required by Agency rule.
04-003027CON  ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL AND FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Aug. 26, 2004
The issue is whether the Agency should approve the Certificate of Need applications filed by Manatee Memorial and/or HMA, each of which proposes to establish a new acute care hospital to serve the city of North Port in Sarasota County, Acute Care Subdistrict 8-6.The Agency for Health Care Administration should deny both Certificates of Need applications for new hospitals in the city of North Port. The evidence failed to establish a need for a hospital in the city.
04-003133CON  UNIVERSITY COMMUNITY HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 02, 2004
The issue is whether BayCare Long Term Acute Care Hospital, Inc.'s Certificate of Need Application No. 9753 and University Community Hospital's Certificate of Need Application No. 9754, both submitted to the Agency for Health Care Administration, should be approved.Two hospital systems sought to establish long-term acute care hospitals in Respondent`s District 5. Need was established for both under Section 408.035, Florida Statutes.
04-003147CON  NORTH PORT HMA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND MANATEE MEMORIAL HOSPITAL, L.P.  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 02, 2004
The issue is whether the Agency should approve the Certificate of Need applications filed by Manatee Memorial and/or HMA, each of which proposes to establish a new acute care hospital to serve the city of North Port in Sarasota County, Acute Care Subdistrict 8-6.The Agency for Health Care Administration should deny both Certificates of Need applications for new hospitals in the city of North Port. The evidence failed to establish a need for a hospital in the city.
04-003156CON  BAYCARE LONG TERM ACUTE CARE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 02, 2004
The issue is whether BayCare Long Term Acute Care Hospital, Inc.'s Certificate of Need Application No. 9753 and University Community Hospital's Certificate of Need Application No. 9754, both submitted to the Agency for Health Care Administration, should be approved.Two hospital systems sought to establish long-term acute care hospitals in Respondent`s District 5. Need was established for both under Section 408.035, Florida Statutes.
04-003157CON  UNIVERSITY COMMUNITY HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND BAYCARE LONG TERM ACUTE CARE, INC.  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 02, 2004
The issue is whether BayCare Long Term Acute Care Hospital, Inc.'s Certificate of Need Application No. 9753 and University Community Hospital's Certificate of Need Application No. 9754, both submitted to the Agency for Health Care Administration, should be approved.Two hospital systems sought to establish long-term acute care hospitals in Respondent`s District 5. Need was established for both under Section 408.035, Florida Statutes.
04-002723CON  MANATEE MEMORIAL HOSPITAL, L. P. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND NORTH PORT HMA, INC.  (2004)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2004
The issue is whether the Agency should approve the Certificate of Need applications filed by Manatee Memorial and/or HMA, each of which proposes to establish a new acute care hospital to serve the city of North Port in Sarasota County, Acute Care Subdistrict 8-6.The Agency for Health Care Administration should deny both Certificates of Need applications for new hospitals in the city of North Port. The evidence failed to establish a need for a hospital in the city.
03-002487CON  SELECT SPECIALTY HOSPITAL-LEE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2003
The issue in this case is whether Select Specialty Hospital- Lee, Inc.’s (Select), Certificate of Need (CON) No. 9656 application, to establish a long-term acute care hospital (LTCH) in Agency for Health Care Administration's (AHCA) District 8, should be approved.Petitioner`s Certificate of Need application for a 60-bed freestanding long-term acute care hospital satifies the applicable statutory and rule criteria and should be approved.
04-000444CON  SELECT SPECIALTY HOSPITAL - MARION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Feb. 09, 2004
Select Specialty Hospital-Marion, Inc.'s CON Application 9710, filed with the Agency for Health Care Administration, seeks establishment of a 44-bed Long Term Care Hospital (an "LTCH") in Polk County, AHCA Health Care Planning District 6. The Agency preliminarily denied the application. Select-Marion has challenged the denial and Kindred-Bay Area seeks intervention in the proceeding. The issues in this case are two: whether Kindred-Bay Area has proven it has standing to intervene in the proceeding and whether the application should be approved.The applicant for a Long Term Care Hospital did not prove the need on a district basis. In addition, its case is plagued by internal inconsistency.

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