Petitioner's Certificate of Need for dialysis facility was denied for failure to meet burden of proof. No evidence offered except SAAR, which showed an excess of such facilities.

The Petitioner, NME Hospital, Inc., d/b/a Hollywood Medical Center, filed an -application for a certificate of need to add short-term psychiatric beds to its existing facility. The Petitioner's application was denied by the Respondent, the Department of Health and Rehabilitative Services. The Petitioner timely requested a formal administrative hearing to review the Respondent's proposed denial of its application. Humana, Inc., d/b/a Humana Hospital Biscayne (hereinafter referred to as "Biscayne"), was granted leave to intervene by Order dated January 28, 1985. South Broward Hospital District, d/b/a Memorial Hospital (hereinafter referred to as "Memorial"), was granted leave to intervene by Order dated April 26, 1985. Charter Medical-Fort Lauderdale (hereinafter referred to as "Charter"), was granted leave to intervene by Order dated July 9, 1985. The Order granting Charter leave to intervene was based largely upon the fact that Charter was a prior-batched applicant whose application for a certificate of need had not yet resulted in final agency action by the Respondent. The Orders granting intervention were issued by William C. Sherrill, to whom this case had originally been assigned. On November 19, 1985 this case was transferred to the undersigned from Mr. Sherrill. At the final hearing, the Petitioner presented the testimony of the following witnesses, who were accepted as expert witnesses in the fields noted: Name Expertise Harry L. Berkowitz Hospital administration Dr. Joel Klass Psychiatry James Bare Health care planning Dr. James Wiener Psychiatry Howard Finkle Development and management of psychiatric units Dr. Ralph Eugene Cash Psychology Ben King Health care finance Tom Ebejer Health care facilities design and construction, including design and construction costs. The Petitioner also presented the testimony of Herbert E. Straughn. Petitioner's exhibits 1-34 and 36-38 were accepted into evidence. Petitioner's exhibit 35 was withdrawn by the Petitioner. The Respondent presented the testimony of Herbert E. Straughn, who was accepted as an expert in certificate of need analysis and health planning. Biscayne presented the testimony of the following witnesses, who were accepted as experts in the fields noted: Name Expertise Mary Jane Stromberg Nursing administration, including psychiatric departments Ernest J. Peters Traffic engineering and travel time studies Niels Vernegaard Hospital administration Daniel J. Sullivan Health care planning and health care finance Biscayne also offered Humana exhibits 1-11. All were accepted into evidence. Mr. Peters was called as a joint-witness with Memorial. Memorial presented the testimony of the following witnesses, who were accepted as experts in the fields noted: Name Expertise Kathleen DuCasse Hospital finance William O. Langley, Jr. Health care planning Dr. Anthony John Reading Administration and planning of psychiatric programs, including design of psychiatric facilities from a clinical prospective Memorial also presented the testimony of Jayne Coraggio and Larry M. Parrish. Memorial's exhibits 1-3 were accepted into evidence. Memorial's exhibit 4 was not offered into evidence. Finally, Charter presented the testimony of Douglas Holbrook, who was accepted as an expert in health planning. Charter's exhibit 1 was accepted into evidence. All of the parties submitted proposed findings of fact pursuant to Section 120.57(1)(b)4, Florida Statutes (1985). All of the parties except the Respondent and Charter also submitted supporting memoranda. A ruling on each proposed finding of fact made by the parties in their proposed recommended orders has been made in this Recommended Order. Additionally, attached to this Recommended Order is an Appendix which indicates where proposed findings of fact which have been adopted have been made in this Recommended Order and why proposed findings of fact which have not been accepted have been rejected. The Appendix is hereby incorporated as a part of the Findings of Fact portion of this Recommended Order.Petitioner failed to prove need for 31 short-term psychiatric beds for Broward County.

Whether HRS should license 23 comprehensive rehabilitation beds to TMRMC, at the same time reducing general acute care beds licensed at TMRMC by 23? Whether, prior to midnight June 30, 1983, TMRMC had 23 comprehensive rehabilitation beds in service?Hospital's claim that it had rehabilitation unit when Department of Health and Rehabilitative Services (DHRS) rule adopted requiring Certificate of Need (CON) to build new unit is unsupported; CON needed to build unit.