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  6. Kevin Michael Marker
Kevin Michael Marker
Kevin Michael Marker
Visitors: 125
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Bar #99862(FL)     License for 13 years; Member in Good Standing
Tallahassee FL

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Related Laws :

CFR: 42 CFR 418.20, 42 CFR 418.22, 42 CFR 418.22, 42 CFR 418.22, 42 CFR 418.24, 42 CFR 418.24, 42 CFR 418.24, 42 CFR 418.3, 42 CFR 418.64, 42 CFR 418.70

Florida Laws: 101.20, 11.25, 120.52, 120.542, 120.56, 120.569, 120.57, 120.595, 120.60, 120.68, 17.43, 395.002, 400.021, 400.235, 400.6005, 400.601, 400.609, 400.6095, 408.031, 408.032, 408.033, 408.034, 408.035, 408.036, 408.037, 408.039, 408.040, 408.042, 408.043, 408.045, 408.0455, 408.07, 408.804, 408.810, 408.812, 408.814, 418.20, 418.22, 418.24, 627.4236, 90.108

Florida Administrative Code: 28-106.204, 28-106.217, 59C-1.008, 59C-1.012, 59C-1.039, 59C-1.044

17-000551CON  FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL, AND ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL vs SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-000553CON  FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL, AND ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL vs VENICE HMA HOSPITAL, LLC, D/B/A VENICE REGIONAL BAYFRONT HEALTH AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-003108RX  VENICE HMA HOSPITAL, LLC, D/B/A VENICE REGIONAL BAYFRONT HEALTH vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: May 25, 2017
Whether Florida Administrative Code Rule 59C-1.008(4) (Rule) constitutes an invalid exercise of delegated legislative authority because it enlarges, modifies, or contravenes the specific provisions of law implemented.Rule 59C-1.008(4)(c) is an invalid exercise of delegated legislative authority.
16-000112CON  KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000113CON  VARIETY CHILDREN'S HOSPITAL, D/B/A NICKLAUS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION AND THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000114CON  CGH HOSPITAL, LTD., D/B/A CORAL GABLES HOSPITAL; TENENT HIALEAH HEALTHSYSTEM, INC., D/B/A HIALEAH HOSPITAL; AND LIFEMARK HOSPITALS, INC., D/B/A PALMETTO GENERAL HOSPITAL vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000115CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
17-003598  CRESTWOOD NURSING CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jun. 21, 2017
The issue is whether the Agency for Health Care Administration (AHCA) properly denied Crestwood Nursing Center, Inc.’s (Crestwood), request for a 60-day extension of the validity period of its certificate of need (CON) No. 10358. A corollary issue raised by Crestwood is whether it was “induced and lulled” into relying on the alleged procedures as set forth in AHCA’s September 16, 2016, letter, and thus whether the theory of equitable estoppel applies. Finally, Crestwood alleges that AHCA acted arbitrarily and capriciously in denying its extension request.Crestwood failed to demonstrate its entitlement to an extension of its CON under section 408.040 and rule 59C-1.018. Accordingly, AHCA properly denied Crestwood's request.
16-001695CON  VARIETY CHILDREN'S HOSPITAL, D/B/A NICKLAUS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 24, 2016
Whether there is need for a new Pediatric Heart Transplant program in Organ Transplant Service Area (OTSA), 4 and, if so, whether Certificate of Need (CON) Application No. 10421, filed by Variety Children’s Hospital, d/b/a Nicklaus Children’s Hospital (NCH,) to establish a Pediatric Heart Transplant program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a Pediatric Heart Transplant program at NCH.Nicklaus Children's Hospital established the need for its proposed pediatric heart transplant program in OTSA 4.
16-001698CON  UNIVERSITY OF MIAMI, D/B/A UNIVERSITY OF MIAMI HOSPITAL AND CLINICS vs AGENCY FOR HEALTH CARE ADMINISTRATION AND BAPTIST HOSPITAL OF MIAMI, INC.  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 25, 2016
Whether the Certificate of Need (CON) Application No. 10420 submitted by Baptist Hospital of Miami, Inc. (Baptist Hospital or Baptist), to establish a new adult autologous and allogeneic bone marrow transplant (BMT) program in Florida’s Organ Transplant Service Area 4 (TSA 4) should be approved.Consideration of applicable statutory and rule criteria compels a recommendation that an application for a new adult bone marrow transplant program in TSA 4 be denied.

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