Leon FL Lawyers | Lesley Fellows Mendelson -- eLawyers

91-005723CON SOUTH MIAMI HOSPITAL, INC. vs SOUTH DADE HEALTH CARE GROUP, LTD., D/B/A CORAL REEF HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION (1991)

Division of Administrative Hearings, Florida Filed: Sep. 05, 1991

The basic issue in this case is whether Deering Hospital's application for a certificate of need to operate an inpatient cardiac catheterization program should be granted or denied.Application for Certificate Of Need for inpatient card cath in Dade County denied for lack of need and for failure to comply with Rule 10-5.032(8)(b), FAC.

91-006390RX DR. JOHN T. MACDONALD FOUNDATION, D/B/A DOCTORS HOSPITAL OF CORAL GABLES vs AGENCY FOR HEALTH CARE ADMINISTRATION (1991)

Division of Administrative Hearings, Florida Filed: Oct. 04, 1991

The basic issues in these consolidated cases concern whether Rule 10- 5.032, Florida Administrative Code, is an invalid exercise of delegated legislative authority. The validity of the rule has been challenged on both procedural and substantive grounds.Portions of Rule 10-5.032, FAC, held invalid because of being arbitrary and capricious.

93-000963CON WUESTHOFF MEMORIAL HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Feb. 23, 1993

Whether the application of Wuesthoff Memorial Hospital, Inc. d/b/a Wuesthoff Memorial Hospital ("Wuesthoff"), for the conversion of ten acute care beds to ten Level II neonatal intensive care beds meets, on balance, the applicable statutory and rule criteria for approval.Level II neonatal intensive care unit in District 7 needed for geographic access for medicaid and indigents in absence of numeric need and minimum 1,000 births.

92-005107CON UNIVERSITY COMMUNITY HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1992

Whether University Community Hospital should be issued Certificate of Need Number 6936 to convert 20 acute care beds to 20 comprehensive medical rehabilitation beds.Comprehensive medical rehabilitation bed need established despite zero numeric need due to geographic inaccessibility and district use rate.

92-002879CON HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA vs MANOR CARE OF FLORIDA, INC., D/B/A MANOR CARE OF PALM HARBOR (1992)

Division of Administrative Hearings, Florida Filed: May 11, 1992

Which, if either, of the mutually exclusive applications of Manor Care of Florida, Inc., and Health Care and Retirement Corporation of America should be approved for the issuance of a Certificate of Need to construct a 120 bed community nursing home in District 9, Subdistrict 4, for Palm Beach, County, Florida.Community nursing home beds approved for facility with distinct Alzhemer's unit, lower project costs and lower projected charges.

92-004792 AGENCY FOR HEALTH CARE ADMINISTRATION vs COUNTY OF BAY, D/B/A BAY MEDICAL CENTER (1992)

Division of Administrative Hearings, Florida Filed: Mar. 02, 1993

Whether, pursuant to Subsection 408.040(2)(a), Florida Statutes, (previously, Subsection 381.710) and Subsections 59C-1.018(2)(a)3.a. and 59C- 1.021(2), Florida Administrative Code (previously Sections 10-5.018 and 10.5.021), Certificate of Need Number 6357, issued to Bay Medical Center, should be revoked.Agency supervisor's waiver of construction interruption reporting rules constituted estoppel from revocation.

92-005675CON ST. MARY'S HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

Division of Administrative Hearings, Florida Filed: Sep. 17, 1992

On August 7, 1992, the Agency for Health Care Administration ("AHCA") published a fixed need pool of zero for additional open heart surgery programs in Department of Health and Rehabilitative Services ("HRS") District IX. See, Volume 18, Number 37, Florida Administrative Weekly. By letter dated August 14, 1992, and hand delivered within ten (10) days of the fixed need pool publication, St. Mary's Hospital, Inc. ("St. Mary's") notified AHCA of possible errors in the publication. AHCA declined to adjust the fixed need projection and, on August 28, 1992, St. Mary's timely filed its petition to challenge the projection. At an evidentiary hearing held on December 10, 1992, St. Mary's introduced five documents into evidence:Open heart surgery operations are not equivalent to discharges in the DRGs listed in th e rule definition because heart lung machine must also be used.

91-005722CON CAPITAL HOSPITAL CORPORATION, D/B/A CAPITAL REHABILITATION HOSPITAL vs GULF COAST REHAB SERVICES LIMITED, D/B/A NORTH FLORIDA INSTITUTE OF REHABILITATION AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Sep. 05, 1991

Whether Gulf Coast Rehabilitative Services Limited, d/b/a North Florida Institute of Rehabilitation submitted a valid letter of intent and partnership resolution to apply for a certificate of need to construct a 40-bed inpatient comprehensive medical rehabilitation hospital in Panama City, Florida, in Department of Health and Rehabilitative Services District II. If the letter of intent and resolution are valid, whether the certificate of need application should be approved.Separately filed letter of intent and resolution satisfied reqrmnt for letter of intent with resolution; comprehensive medical rehabilitation beds approved due to over 2 hours access; and financing ltr of interest.

90-006251CON FLORIDA MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (1990)

Division of Administrative Hearings, Florida Filed: Oct. 01, 1990

The issue is whether the application filed by Humana Hospital Cypress for a certificate of need to operate an inpatient cardiac catheterization laboratory should be approved.Numeric need for 1 program Hospital with out-patient cardiac catheterization program approved for in-patient, with condition to meen indigent projection.

91-002147 ST. MARY'S HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Apr. 04, 1991

Whether there is a need for one or two additional inpatient adult cardiac catheterization programs in Department of Health and Rehabilitative Services District IX. Whether the application for certificate of need number 6626 filed by Good Samaritan Hospital, Inc. for an inpatient adult cardiac catheterization program in District IX should be approved.Adult inpatient cardiac catheter- computation of fixed need pool.

Lesley Fellows Mendelson