Leon FL Lawyers | Lesley Fellows Mendelson -- eLawyers

91-002927 FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF ORLANDO vs COORDINATED CARE, INC., AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: May 10, 1991

Whether the certificate of need applications of Health Care and Retirement Corporation, d/b/a Heartland Health Care of Orange County and/or Coordinated Care, Inc., d/b/a Care Center of Orange County meet the applicable and disputed criteria of Subsections 381.705(1), (2), and 381.707, Florida Statutes. Which of the applications is the superior proposal to meet the published need for 120 additional nursing home beds in HRS District VII, Subdistrict II, for Orange County, Florida.Community nursing home-identity of proposed applicant changed; distinct alzheimer's unit.

91-001510 UNIVERSITY COMMUNITY HOSPITAL vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Mar. 07, 1991

The central issue in this proceeding is whether Petitioners' applications for Certificates of Need for comprehensive medical rehabilitation beds in HRS District VI should be approved. Facts stipulated by the parties are reflected in the findings of fact. Ancillary issues include whether Manatee Springs Nursing Center, Inc.'s letter of intent complied with the requirements of Section 381.709(2), F.S.; and whether Manatee Springs Nursing Center, Inc.'s and University Community Hospital's applications are incomplete for failure to include a "complete listing of all capital projects", as required by Section 381.707(2), F.S.No need for more comprehensive medical rehabilitation beds in HRS District IV. Both Certificate Of Need applications were defective: Capital PRoject list incomplete and letter of intent defective.

91-000863RP HUMHOSCO, INC.; HUMANA, INC.; COMMUNITY HOSPITALS OF HUMANA, INC.; HUMHOSCO, INC., D/B/A HUMANA HOSPITAL BRANDON; AND HUMANA HOSPITAL - PEMBROKE PINES, INC., D/B/A HUMANA HOSPITAL - PEMBROKE vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Feb. 08, 1991

Whether the proposed amendments to Florida Administrative Code Rule 10- 5.011(1)(f), the "open heart rule", constitute an invalid exercise of delegated legislative authority.Separate certificate of need and need methodology for pediatric open heart surgery upheld. Requirement that each existing provider meet 350 minimum number of procedures valid.

90-002760 MIAMI HEART INSTITUTE, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: May 02, 1990

The issue in this case is whether the Petitioner's application for a certificate of need to establish a 20-bed skilled nursing home facility by conversion of 20 acute care hospital beds should be granted or denied.Certificate Of Need applicant for nursing home beds relying on Rule 10-5.011(k) must prove need in the manner set forth in last sentence of rule.

89-005115 ST. MARY'S HOSPITAL, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1989)

Division of Administrative Hearings, Florida Filed: Sep. 19, 1989

At issue in these proceedings is whether there exists a need for a new open heart surgery program in HRS District IX and, if so, whether the applications of St. Mary's Hospital, Inc. (St. Mary's), Boca Raton Community Hospital, Inc. (Boca), and Martin Memorial Hospital Association, Inc. (Martin), or any of them, for a certificate of need to establish such a program should be approved.Challenge to published need for open heart services-incipient policy rejected-fixed need pool to be corrected in current cycle.

90-002758 HALIFAX MEDICAL CENTER vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: May 02, 1990

Whether or not Halifax' Second Amended Petition has alleged sufficient standing to initiate a Section 120.57(1) F.S. formal hearing, pursuant to Subsection 381.709(5)(b) F.S., in challenge of HRS' modification of ATC's CON.HRS Rule's effective date determines application to Certificate Of Need applicant law in question. Here, "standing" as alleged in petitions was insufficient.

89-001415 LAKE HOSPITAL AND CLINIC INC., D/B/A LAKE HOSPITAL OF THE PALM BEACHES vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND FIRST HOSPITAL CORPORATION OF FLORIDA, D/B/A FIRST HOSPITAL OF PALM BEACH COUNTY (1989)

Division of Administrative Hearings, Florida Latest Update: May 23, 1990

At issue in this proceeding is whether the application of First Hospital Corporation of Florida (First Hospital) for a certificate of need to establish a 48-bed short-term adolescent psychiatric facility in Palm Beach County, Florida, should be approved.Financial feasibility not demonstrated where feasibility of nonreviewable part of facility that was to carry portion of operating expenses not shown

89-001293 INDIAN RIVER MEMORIAL HOSPITAL, INC. vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1989)

Division of Administrative Hearings, Florida Latest Update: Mar. 28, 1990

The central issues in these cases are: As to case no. 89-1293--whether Indian River Memorial Hospital (Indian River) meets the statutory and rule criteria for a certificate of need (CON) to operate an inpatient cardiac catheterization laboratory, and therefore, whether the Department of Health and Rehabilitative Services (Department) should approve CON application number 5726. This application is opposed by Lawnwood Medical Center, Inc. (Lawnwood). As to case no. 89-1294--whether Lawnwood meets the statutory and rule criteria for a CON to operate an open heart surgery program and an inpatient cardiac catheterization laboratory, and therefore, whether the Department should approve CON application number 5729. Indian River opposes the proposed approval of Lawnwood's inpatient cardiac catheterization laboratory in case no. 89-1295. St. Mary's Hospital, Inc. (St. Mary's) opposes the proposed approval of the inpatient cardiac catheterization laboratory in case no. 89-1297.Two applicants demonstrated that a statutory and rule criteria are met. District must be reviewed as a whole and one applicant failed to meet criteria.

90-000362 MTR-SEFLA AND MTR CENFLA vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Jan. 22, 1990

Whether a purveyor of medical services or equipment has the requisite standing, or a sufficiently substantial interest, to seek exemption from certificate of need review for hospitals with whom it might contract, under whose auspices and on whose grounds patients might ultimately receive services?Hearing denied for lack of standing. Medical equip. purveyor failed to show sufficient injury in fact within the zone of interest of CON law.

88-003970RP FLORIDA MEDICAL CENTER vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1988)

Division of Administrative Hearings, Florida Latest Update: Jun. 29, 1989

Whether the changes to the cardiac catheterization (cardiac cath) rule made between the first publication of amendments on April 22, 1988 and the second publication of changes to the proposed rule published on July 29, 1988, are of such a nature that they reveal a change in the agency's overall intent underlying its promulgation of the rule regarding how it will review certificate of need applications for cardiac cath programs, such that the changes published on July 29, 1988 should have been the subject of a new notice publication and allowance of a point of entry for substantially interested parties, pursuant to section 120.54(1), Florida statutes. Whether the Department complied with the statutorily mandated rule promulgation procedure set forth at Section 120.54(13)(b), Florida Statutes (1987) in making the changes published on July 29, 1988.Where agency notices rulemaking intent and in later negotiate process intent substantively changes, changes in proper rule must be re-published and 2nd point of entry given.

Lesley Fellows Mendelson