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Lesley Fellows Mendelson
Lesley Fellows Mendelson
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Bar #297569(FL)     License for 45 years
Tallahassee FL

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96-000514CON  HOSPITAL CORPORATION OF LAKE WORTH, D/B/A PALM BEACH REGIONAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1996)
Division of Administrative Hearings, Florida Filed: Jan. 25, 1996
Whether CON 8241, Palm Beach Regional's application to convert its 200 bed acute care hospital to a 60 bed long-term care hospital should be granted or denied?Certificate of Need (CON) application for long-term care hospital should be denied because there is no need. Available alternatives are acute hospitals and sub-acute skilled nursing facilities.
95-002319CON  BROOKWOOD-EXTENDED CARE CENTER OF HOMESTEAD vs MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC., D/B/A MOUNT SINAI MEDICAL CENTER  (1995)
Division of Administrative Hearings, Florida Filed: May 09, 1995
Whether the CON application of Brookwood, Mount Sinai, or FCA should be approved to meet the need for 60 additional community nursing home beds in Dade County, Florida. Nursing home Certificate Of Need (CON) approved in area of high over-age-75 population at statutory teaching hospital. Consider donations for financial feasibility.
94-004801CON  COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, D/B/A WESTSIDE REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND CLEVELAND CLINIC FLORIDA HOSPITAL  (1994)
Division of Administrative Hearings, Florida Filed: Aug. 30, 1994
Whether the application of Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center or that of Cleveland Clinic Florida Hospital d/b/a Cleveland Clinic Hospital should be approved to meet the fixed numeric need for one additional adult open heart surgery program in Broward County, Florida.No need for additional adult open heart surgery in Broward County based on statute and rules despite numeric need.
95-003913RU  ALL CHILDREN`S HOSPITAL, INC., AND VARIETY CHILDREN`S HOSPITAL, D/B/A MIAMI CHILDREN`S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1995)
Division of Administrative Hearings, Florida Filed: Aug. 07, 1995
The issues for determination in this case are whether the following statement was made by Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION; whether the statement violates the provisions of Section 120.535, Florida Statutes; whether the statement constitutes a declaratory statement under Section 120.565, Florida Statutes; whether Petitioner, ALL CHILDREN'S HOSPITAL, INC., has standing to maintain this action; and whether Petitioner is entitled to attorney's fees and costs. The alleged agency statement which is at issue in this case is: The Agency for Health Care Administration takes the position that a shared service agreement may be modified, without prior approval of the Agency, as long as each party continues to contribute something to the program, and the shared service contract remains consistent with the provisions of Rule 59C-1.0085(4), Florida Administrative Code. In addition, the Agency takes the position that modifications to a shared service agreement do not require prior review and approval by the Agency.Agency statement regarding shared services agreement did not constitute a rule; petition dismissed.
93-006280CON  BEVERLY ENTERPRISES-FL., INC., D/B/A BEVERLY GULF COAST-FL., INC. vs FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF WINTER HAVEN  (1993)
Division of Administrative Hearings, Florida Filed: Nov. 03, 1993
The issue presented is whether the applications for certificates of need filed by Petitioners Beverly Enterprises-Florida, Inc. d/b/a Beverly Gulf Coast- Florida, Inc.; JFK Medical Center, Inc.; and Manor Care of Boynton Beach, Inc., should be granted.Comparative review of nursing home applications; additional certificate of need awarded to hospital applicant for conversion of beds based on special circumstances.
94-002452CON  BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST-FLORIDA, INC. vs WILDWOOD HEALTHCARE, INC.; BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST  (1994)
Division of Administrative Hearings, Florida Filed: May 03, 1994
Which applicants best meet the statutory and rule criteria for the issuance of certificates of need in response to the projected numeric need for an additional 295 community nursing home beds in Agency For Health Care Administration District 3.Letter of intent publication error by newspaper-excused, by applicant or not shown to be by newspaper-not excused; larger nursing home in new, fast growing town recommended.
94-004755CON  MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC., D/B/A MOUNT SINAI MEDICAL CENTER vs MIAMI BEACH HEALTHCARE GROUP, LTD., D/B/A MIAMI HEART INSTITUTE  (1994)
Division of Administrative Hearings, Florida Filed: Aug. 30, 1994
Whether the Agency for Health Care Administration (AHCA or the Agency) should approve the application for certificate of need (CON) 7700 filed by Miami Beach Healthcare Group, LTD. d/b/a Miami Heart Institute (Miami Heart or MH).Relocation of existing beds didn't change Fixed Need Pool and applicant met criteria for approval.
93-004908CON  LAWNWOOD MEDICAL CENTER, INC., D/B/A LAWNWOOD REGIONAL MEDICAL CENTER vs MARTIN MEMORIAL MEDICAL CENTER, INC.  (1993)
Division of Administrative Hearings, Florida Filed: Aug. 25, 1993
Which, if any, of the applications meet the statutory and rule criteria for the issuance of a certificate of need to operate an adult open heart surgery program in AHCA District 9.Geographic access immproved with open heart surgery con for more centrally located hospital; further from and with less impact on existing distric providers
93-006291CON  AZALEA TRACE, INC. vs FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF WINTER HAVEN  (1993)
Division of Administrative Hearings, Florida Filed: Mar. 14, 1995
West Florida's Motion for Summary Recommended Order Dismissing Azalea Trace (the Motion) has two grounds: That the letter of intent of Petitioner is fatally flawed because the Executive Committee of Azalea Trace, acting for the Board of Directors, lacked the authority to commit the Petitioner to a project costing in excess of $250,000 without the approval of Baptist Health Care Corporation. That the letter of intent of Petitioner is fatally flawed because the Executive Committee filed the letter of intent and appropriate resolution which the Executive Committee had passed on May 17, 1993, but the Board of Directors did not approve the resolution until May 24, 1993.HO Dism'd Pet because P's Bd lacked auth. to obligate Corp. to project under bylaws. HRS remanded finding a distinction betw commitment & approval.Settle
93-004888CON  NAPLES COMMUNITY HOSPITAL, INC. vs NAPLES RESEARCH AND COUNSELING CENTER, INC., AND THE WILLOUGH AT NAPLES  (1993)
Division of Administrative Hearings, Florida Filed: Aug. 25, 1993
Whether the proposed changes in the conditions for certificate of need number 3998, initially issued to The Willough in 1986, constitutes a substantial change in health care services. Whether the authority of the Agency for Health Care Administration to modify certificate of need number 3998 is limited by a Stipulation and Settlement Agreement of August 22, 1986. If AHCA has the authority to modify the conditions placed on certificate of need number 3998 and the proposed modification is not a substantial change in health care services, whether there is "good cause" for the modification as defined in Rule 59C-1.019, Florida Administrative Code.Change from treating eating disorders and incidental all psychiatric disorders to treating psychiatric disorders is substantial change; requires certificate of need review

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