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  7. Paul H. Nessler, Jr.
Paul H. Nessler, Jr.
Paul H. Nessler, Jr.
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Bar #603384(FL)     License for 38 years; Member in Good Standing
Spring Hill FL

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07-003021RX  LIFEPATH HOSPICE AND PALLIATIVE CARE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2007)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2007
Whether Florida Administrative Code Rule 59C-1.0355(4)(d)3. is an invalid exercise of delegated legislative authority?Petitioners proved that the parenthetical language included in Rule 59C-1.0355(4)(d)3. (the 48-hour rule) is an invalid exercise of delegated legislative authority, whereas the remaining portions are not invalid and remain intact.
06-003653CON  HOSPICE OF THE PALM COAST, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2006)
Division of Administrative Hearings, Florida Filed: Sep. 22, 2006
In the first batching cycle of 2006, Hospice of the Palm Coast, Inc. ("Palm Coast") and Catholic Hospice, Inc. ("Catholic Hospice"), applied to the Agency for Health Care Administration ("AHCA" or the "Agency") for a certificate of need to establish a new hospice program in Broward County. Palm Coast's application number is CON 9931; Catholic Hospice's is CON 9928. The issues in this case are whether either, both or neither of the applications should be approved.Catholic Hospice`s Certificate of Need application for a new hospice in Broward County (service area 10) should be approved as superior over Palm Coast`s.
06-004123CON  CATHOLIC HOSPICE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 20, 2006
In the first batching cycle of 2006, Hospice of the Palm Coast, Inc. ("Palm Coast") and Catholic Hospice, Inc. ("Catholic Hospice"), applied to the Agency for Health Care Administration ("AHCA" or the "Agency") for a certificate of need to establish a new hospice program in Broward County. Palm Coast's application number is CON 9931; Catholic Hospice's is CON 9928. The issues in this case are whether either, both or neither of the applications should be approved.Catholic Hospice`s con application for a new hospice in Broward County (service area 10) should be approved as superior over Palm Coast`s.
02-004033CON  MARTIN MEMORIAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND INDIAN RIVER MEMORIAL HOSPITAL  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 15, 2002
02-004034CON  BETHESDA HEALTHCARE SYSTEM, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND INDIAN RIVER MEMORIAL HOSPITAL  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 15, 2002
02-004035CON  LAWNWOOD MEDICAL CENTER, INC., D/B/A LAWNWOOD REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND INDIAN RIVER MEMORIAL HOSPITAL  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 15, 2002
02-004036CON  BOCA RATON COMMUNITY HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND INDIAN RIVER MEMORIAL HOSPITAL  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 15, 2002
02-004272CON  INDIAN RIVER MEMORIAL HOSPITAL, INC., D/B/A INDIAN RIVER MEMORIAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Nov. 01, 2002
01-002713CON  BOCA RATON COMMUNITY HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2001)
Division of Administrative Hearings, Florida Filed: Jul. 23, 2001
The issues in this case are whether a need exists for the establishment of one or more new adult open heart surgery (OHS) programs in Agency for Health Care Administration (AHCA) Planning District 9, and, if so, whether the Certificate of Need (CON) applications filed by Boca Raton Community Hospital, Inc. (Boca), Martin Memorial Medical Center, Inc. (Martin), and/or Bethesda Healthcare System, Inc. (Bethesda), in March 2001, meet the statutory and rule criteria to satisfy that need.Petitioners Boca and Martin proved that their applications for a certificate of need approval to establish a new open heart surgery program in District 9, on balance, satisfies the applicable statutory and Rule criteria. Recommend application approval.
01-002715CON  BETHESDA HEALTHCARE SYSTEM, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2001)
Division of Administrative Hearings, Florida Filed: Jul. 23, 2001
The issues in this case are whether a need exists for the establishment of one or more new adult open heart surgery (OHS) programs in Agency for Health Care Administration (AHCA) Planning District 9, and, if so, whether the Certificate of Need (CON) applications filed by Boca Raton Community Hospital, Inc. (Boca), Martin Memorial Medical Center, Inc. (Martin), and/or Bethesda Healthcare System, Inc. (Bethesda), in March 2001, meet the statutory and rule criteria to satisfy that need.Petitioners Boca and Martin proved that their applications for a certificate of need approval to establish a new open heart surgery program in District 9, on balance, satisfies the applicable statutory and Rule criteria. Recommend application approval.

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