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  6. Kevin Michael Marker
Kevin Michael Marker
Kevin Michael Marker
Visitors: 122
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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

16-003819CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2016
The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.
16-003820CON  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA D/B/A JACKSON HOSPITAL WEST vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2016
The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.
18-000073CON  ENCOMPASS HEALTH REHABILITATION HOSPITAL OF ESCAMBIA COUNTY, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 05, 2018
Whether, on balance, Certificate of Need (CON) Application No. 10945 submitted by Encompass Health Rehabilitation Hospital of Escambia County, LLC (Encompass or Petitioner) to establish a 50-bed comprehensive medical rehabilitation hospital in Service District 1 satisfies the applicable statutory and rule criteria and should be approved or denied.Petitioner failed to prove "special circumstances" necessary for approval of its CON application for a new 50-bed comprehensive medical rehabilitation freestanding hospital in service District 1, when there was a fixed need pool of zero.
18-001172CON  ORLANDO HEALTH, INC., D/B/A ARNOLD PALMER MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Mar. 05, 2018
Whether there is a need for a new Pediatric Heart Transplant (PHT) program in Organ Transplant Service Area (OTSA) 3, and, if so, whether Certificate of Need (CON) Application No. 10518, filed by Orlando Health, Inc., d/b/a Arnold Palmer Medical Center (APMC), to establish a PHT program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a PHT program at the Arnold Palmer Hospital for Children (APH).Arnold Palmer Medical Center failed to oestablish need for its proposed pediatric heart transplant program.
17-001913CON  THE NEMOURS FOUNDATION, D/B/A NEMOURS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.
17-001914CON  THE NEMOURS FOUNDATION, D/B/A NEMOUR'S CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.
17-005301CON  UNIVERSITY OF MIAMI, D/B/A UNIVERSITY OF MIAMI HOSPITAL AND CLINICS vs BAPTIST HOSPITAL OF MIAMI, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Sep. 22, 2017
Whether the Certificate of Need (“CON”) Application No. 10490 submitted by Baptist Hospital of Miami, Inc. (“Baptist Hospital” or “Baptist”), to establish a new adult autologous and allogeneic bone marrow transplant program in Florida’s Organ Transplant Service Area 4 (“TSA 4”) should be approved.Respondents demonstrated that not normal circumstances justified granting the application for a bone marrow transplant program.
17-000556CON  SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL 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.
17-000557CON  VENICE REGIONAL BAYFRONT HEALTH 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.
17-000510CON  BAYFRONT HEALTH PORT CHARLOTTE 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.

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