Leon FL Administrative law, Health care and Insurance Lawyer -- eLawyers

17-006655RU DACCO BEHAVORIAL HEALTH, INC.; OPERATION PAR, INC.; AND ASPIRE PARTNERS, INC. vs DEPARTMENT OF CHILDREN AND FAMILIES (2017)

Division of Administrative Hearings, Florida Filed: Dec. 11, 2017

The issue in this case is whether Florida Administrative Code Emergency Rule 65DER17-2 (the “Emergency Rule”) constitutes an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes will be to the 2017 version.) More specifically, on September 19, 2017, the Florida Department of Children and Families (the “Department”), published the Emergency Rule, which dealt with the need for and licensing of new methadone medication-assisted treatment centers for persons dealing with opioid addiction. Pursuant to the Emergency Rule, the Department decided which providers would receive approval notices to submit licensure applications in certain counties based on the order in which complete and responsive applications were received by the Department. A number of parties are challenging the validity of the Emergency Rule.The Emergency Rule constitutes an invalid exercise of delegated legislative authority.

15-000130CON CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION, D/B/A CLEVELAND CLINIC HOSPITAL vs PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, D/B/A PLANTATION GENERAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Jan. 08, 2015

Whether Certificate of Need (CON) Application No. 10235, filed by Plantation General Hospital Limited Partnership, d/b/a Plantation General Hospital (PGH) to establish a 200-bed replacement, acute care hospital in Davie, Broward County, Florida, Agency for Health Care Administration (AHCA or Agency) acute care District 10, satisfies, on balance, the applicable statutory and rule review criteria.Due to the physical constraints of its existing facility and other factors, Plantation General Hospital established the need for its proposed replacement hospital. Impact on competitors not sufficient to warrant denial.

13-000706BID LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Feb. 22, 2013

The issues in the case are (1) whether the decision of the Agency for Health Care Administration (AHCA) to not select Little Havana Activities and Nutrition Centers of Dade County, Inc. (Little Havana), for the award of a contract for the provision of long-term care managed care services pursuant to AHCA Invitation to Negotiation Solicitation No. AHCA ITN 011- 12/13, entitled "Statewide Medicaid Managed Care--Long Term Care, Region 11" (ITN) was contrary to the AHCA's governing statutes, rules, polices or any applicable ITN specification, and, if so, whether such selection decision was clearly erroneous, contrary to competition, arbitrary, or capricious; whether Little Havana's response to the ITN was responsive; whether Little Havana was a responsible vendor; and (4) whether Little Havana's protest is barred for failure to submit the required protest bond.Protestor did not have standing to protest contract awards because it was neither responsive nor responsible.

01-001443BID CHILDREN`S HOME SOCIETY OF FLORIDA vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES (2001)

Division of Administrative Hearings, Florida Filed: Apr. 16, 2001

Whether the decision of the Department of Children and Family Services to reject the proposals submitted by the Children's Home Society in response to ITN No. 01-FSD2A/01 and ITN No. 01-FSD2B/01 as non-responsive was contrary to the Agency's governing statutes, the Agency's rules or policies, or the specifications of the ITNs?Petitioner`s response to ITN failed to include a mandatory requirement and was thus non-responsive. Petitioner`s protest to the ITN should be dismissed.

01-001444BID CHILDREN`S HOME SOCIETY OF FLORIDA vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES (2001)

Division of Administrative Hearings, Florida Filed: Apr. 16, 2001

Whether the decision of the Department of Children and Family Services to reject the proposals submitted by the Children's Home Society in response to ITN No. 01-FSD2A/01 and ITN No. 01-FSD2B/01 as non-responsive was contrary to the Agency's governing statutes, the Agency's rules or policies, or the specifications of the ITNs?Petitioner`s response to ITN failed to include a mandatory requirement and was thus non-responsive. Petitioner`s protest to the ITN should be dismissed.

95-002296CON VANTAGE HEALTHCARE CORPORATION, D/B/A BEVERLY MANOR REHABILITATION AND SPECIALTY CARE CENTER vs MANATEE SPRINGS NURSING CENTER, INC., D/B/A MEDIPLEX REHAB-BRADENTON (1995)

Division of Administrative Hearings, Florida Filed: May 09, 1995

The issue for resolution is which of two competing certificate of need applications should be approved for nursing home beds in District 6, Subdistrict 2, Manatee County, Florida. Other ancillary issues are whether Mediplex timely filed a letter of intent to apply for a certificate of need, whether Mediplex impermissibly amended its application at hearing and whether Beverly impermissibly is proposing two projects (delicensure and creation of beds in addition to those in the fixed need pool).2 applicants compete for 63 Nursing Home beds--both are good, but on balance the less costly, more unique proposal prevails.

93-004890CON ST. LUKE`S HOSPITAL ASSOCIATION, D/B/A ST. LUKE`S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

Whether the Agency for Health Care Administration should grant or deny CON Application No. 7202, an application by St. Luke's Hospital Association, Inc. for a liver transplantation program at St. Luke's Hospital in Jacksonville, Florida?Liver transplantation program determined to be needed at St. Luke's in Jacksonville.

92-005111CON ST. LUKE`S HOSPITAL ASSOCIATION, D/B/A ST. LUKE`S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

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

Whether the certificate of need application of St. Luke's Hospital, Jacksonville, to establish an adult liver transplantation program meets statutory and rule criteria for approval.Limited donors, no need and adverse impact on existing programs from propos- ed liver transplantation in the same organ transplant service planning area.

91-002231 MARRIOTT RETIREMENT COMMUNITIES, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1991)

Division of Administrative Hearings, Florida Filed: Apr. 09, 1991

Which of the competing applications for nursing home beds should be approved? Whether the Respondent should have accepted the partial application for nursing home beds filed by Health Quest.Combined financial statement met criteria. Financial statement which didn't reflect operations of licenced facility didn't meet criteria. Financial statement of shell company met statute requirements.

90-005797BID INTERCONTINENTAL PROPERTIES, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Sep. 17, 1990

The issue presented is whether the bid submitted in the name of Coliseum Lanes, Inc., was non-responsive and, therefore, the lease should be awarded to Petitioner as the lowest and best bidder.Deviation from bid specification not minor and waivable where bid specifica- tion declares such a deviation will render the bid non-responsive.

Michael James Cherniga