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  6. Mark Anthony Emanuele
Mark Anthony Emanuele
Mark Anthony Emanuele
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Bar #541834(FL)     License for 39 years
Miami FL

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04-003150CON  SELECT SPECIALTY HOSPITAL-MARION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 02, 2004
The issue in this case is whether the Certificate of Need (CON) application No. 9757 filed by Select Specialty Hospital - Marion, Inc. (Select) for the establishment of a 44-bed free standing Long-Term Care Hospital (LTCH) in Agency for Health Care Administration (Agency or AHCA) Service District 6, in Polk County, should be approved.Petitioner did not prove that its application for a 44-bed Long-Term Care Hospital met, on balance, the applicable statutory and rule criteria.
03-002487CON  SELECT SPECIALTY HOSPITAL-LEE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2003
The issue in this case is whether Select Specialty Hospital- Lee, Inc.’s (Select), Certificate of Need (CON) No. 9656 application, to establish a long-term acute care hospital (LTCH) in Agency for Health Care Administration's (AHCA) District 8, should be approved.Petitioner`s Certificate of Need application for a 60-bed freestanding long-term acute care hospital satifies the applicable statutory and rule criteria and should be approved.
04-000444CON  SELECT SPECIALTY HOSPITAL - MARION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Feb. 09, 2004
Select Specialty Hospital-Marion, Inc.'s CON Application 9710, filed with the Agency for Health Care Administration, seeks establishment of a 44-bed Long Term Care Hospital (an "LTCH") in Polk County, AHCA Health Care Planning District 6. The Agency preliminarily denied the application. Select-Marion has challenged the denial and Kindred-Bay Area seeks intervention in the proceeding. The issues in this case are two: whether Kindred-Bay Area has proven it has standing to intervene in the proceeding and whether the application should be approved.The applicant for a Long Term Care Hospital did not prove the need on a district basis. In addition, its case is plagued by internal inconsistency.
05-000319CON  SELECT SPECIALTY HOSPITAL - ESCAMBIA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2005)
Division of Administrative Hearings, Florida Filed: Jan. 25, 2005
The issue is whether the Agency for Health Care Administration should approve Petitioner’s application for a Certificate of Need to establish a 54-bed freestanding long-term care hospital in Escambia County.Petitioner established need for a proposed 54-bed, long-term care hospital in Escambia County. Recommend that the Certificate of Need application be approved.
04-001102TTS  BROWARD COUNTY SCHOOL BOARD vs WILLIAM BENCHIK  (2004)
Division of Administrative Hearings, Florida Filed: Mar. 30, 2004
At issue is whether Petitioner School Board of Broward County (School Board or Petitioner) should terminate the employment of Respondent William Benchik (Respondent or Benchik) for gross insubordination and/or for leaving work without authorization on September 3, 2003.Respondent`s multiple failures to follow supervisor`s reasonable instructions constitute gross insubordination. Recommend that termination is warranted.
03-002810CON  KINDRED HOSPITALS EAST, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION AND SELECT SPECIALTY HOSPITAL - MARION, INC.  (2003)
Division of Administrative Hearings, Florida Filed: Jul. 31, 2003
The issue is whether the Agency should approve the Certificate of Need applications filed by Select-Marion and/or Kindred, each of which proposes to establish a new long-term care hospital in Marion County.Respondent should approve Kindred`s Certificate of Need (CON) application for a 31-bed, Long-Term Care Hospital (LTCH) and deny Select`s CON application for a 60-bed LTCH because evidence showed 49 beds needed and Kindred`s proposal was more conservative.
03-002483CON  SELECT SPECIALTY HOSPITAL-MARION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2003
The issue is whether the Agency should approve the Certificate of Need applications filed by Select-Marion and/or Kindred, each of which proposes to establish a new long-term care hospital in Marion County.Respondent should approve Kindred`s Certificate of Need (CON) application for a 31-bed, Long-Term Care Hospital (LTCH) and deny Select`s CON application for a 60-bed LTCH because only 49 beds were needed and Kindred`s proposal was more conservative.
03-002484CON  SELECT SPECIALTY HOSPITAL-SARASOTA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2003
The issue is whether the Agency for Health Care Administration should approve Petitioner's application for a Certificate of Need to establish a freestanding 44-bed long-term acute care hospital in Sarasota County.Respondent`s Certificate of Need (CON) application for a 44-bed, long-term acute care hospital should be denied because the applicant failed to demonstrate the need for the facility after taking into account the previously approved CON in the same county.
02-004759  BROWARD COUNTY SCHOOL BOARD vs HARRIET PARETS  (2002)
Division of Administrative Hearings, Florida Filed: Dec. 10, 2002
Whether the Respondent, Harriet Parets, should be suspended from her employment for a period of 30 days based upon a violation of testing protocols in administering the Florida Comprehensive Assessment Test (FCAT).Respondent deviated from scripted comments and assisted students during FCAT examination.
96-000817RX  THE HILLHAVEN CORPORATION, D/B/A FIFTEEN NAMED NURSING HOMES, ET AL. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1996)
Division of Administrative Hearings, Florida Filed: Feb. 13, 1996
The issue is whether an amendment to Rule 59G-6.010, Florida Administrative Code (1995), was an invalid exercise of delegated legislative authority due to the Agency's failure to follow applicable rulemaking procedures.Agency for Health Care Administration (AHCA) properly applied amended rule after its effective date. Before that time AHCA acted pursuant to non-rule policy.

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