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Paul Cheaney Buckley
Paul Cheaney Buckley
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Bar #906697(FL)     License for 33 years
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16-003820CON  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA D/B/A JACKSON HOSPITAL WEST vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2016
The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.
16-000112CON  KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000113CON  VARIETY CHILDREN'S HOSPITAL, D/B/A NICKLAUS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION AND THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000114CON  CGH HOSPITAL, LTD., D/B/A CORAL GABLES HOSPITAL; TENENT HIALEAH HEALTHSYSTEM, INC., D/B/A HIALEAH HOSPITAL; AND LIFEMARK HOSPITALS, INC., D/B/A PALMETTO GENERAL HOSPITAL vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000115CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-001695CON  VARIETY CHILDREN'S HOSPITAL, D/B/A NICKLAUS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 24, 2016
Whether there is need for a new Pediatric Heart Transplant program in Organ Transplant Service Area (OTSA), 4 and, if so, whether Certificate of Need (CON) Application No. 10421, filed by Variety Children’s Hospital, d/b/a Nicklaus Children’s Hospital (NCH,) to establish a Pediatric Heart Transplant program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a Pediatric Heart Transplant program at NCH.Nicklaus Children's Hospital established the need for its proposed pediatric heart transplant program in OTSA 4.
15-006204RP  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA vs DEPARTMENT OF HEALTH  (2015)
Division of Administrative Hearings, Florida Filed: Nov. 04, 2015
Does Petitioner, The Public Health Trust of Miami-Dade County, Florida (Health Trust), have standing to challenge Department of Health (Department) proposed rules 64J-2.007, 64J-2.008, and 64J-2.009? Is proposed rule 64J-2.007 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.008 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.009 an invalid exercise of delegated legislative authority?Trauma center certification applicant did not have standing to challenge rules for creating trauma agencies that coordinate trauma systems. Alleged injury was speculative and not immediate.
15-003171  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON SOUTH COMMUNITY HOSPITAL vs DEPARTMENT OF HEALTH  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 02, 2015
The issue for determination is whether Petitioner is in substantial compliance with the requirements in section 395.4025, Florida Statutes, and, therefore, has the critical elements required for a trauma center, so that Respondent must find Petitioner's Level II Trauma Center Application acceptable for approval, which would make Petitioner eligible to operate as a provisional trauma center.Petitioner is in substantial compliance with the requirements in section 395.4025 and, therefore, has the critical elements required for a trauma center, so Respondent should approve Petitioner to operate as a provisional trauma center.

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