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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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01-002894CON  TENET HEALTHSYSTEM HOSPITALS, INC., D/B/A DELRAY MEDICAL CENTER 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.
01-002896CON  LAWNWOOD MEDICAL CENTER, INC., D/B/A LAWNWOOD REGIONAL MEDICAL CENTER 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.
01-002897CON  COLUMBIA/JFK MEDICAL CENTER LIMITED PARTNERSHIP, D/B/A JFK MEDICAL CENTER 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.
01-002898CON  COLUMBIA/JFK MEDICAL CENTER LIMITED PARTNERSHIP, D/B/A JFK MEDICAL CENTER 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.
01-002913CON  MARTIN MEMORIAL MEDICAL CENTER, 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.
04-001151F  ANDREW JUSTICE, D/B/A MOBILE OPTICAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2004)
Division of Administrative Hearings, Florida Filed: Apr. 02, 2004
1) Whether Petitioner is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes (2002)1/; and 2) Whether Respondent is entitled to an award of attorney's fees and costs pursuant to Section 57.105, Florida Statutes.Petitioner is entitled to attorney`s fees. Respondent was not substantially justified in its actions. Fees are limited to $15,000 because the action occurred prior to the 2003 amendment.
02-004801MPI  ANDREW JUSTICE, D/B/A MOBILE OPTICAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Dec. 13, 2002
Whether Petitioner is liable for overpayment of Medicaid claims for the period of July 1, 1998 through May 31, 2000, as stated in Respondent's Final Agency Audit dated October 16, 2002.Provider required to reimburse for overpayment of Medicaid claims after recalculation of amount.
00-000462CON  BOCA RATON COMMUNITY HOSPITAL, INC., AND ST. MAR vs AGENCY FOR HEALTH CARE ADMINISTRATION; INDIAN RIVER MEMORIAL HOSPITAL, INC.; MARTIN MEMORIAL MEDICAL CENTER, INC.; AND BETHESDA HEALTHCARE SYSTEM, INC.  (2000)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2000
Whether the adult open heart surgery rule in effect at the time the certificate of need (CON) applications were filed, and until January 24, 2002, or the rule as amended on that date is applicable to this case. Which, if any, of the applications filed by Martin Memorial Medical Center, Inc. (Martin Memorial); Bethesda Healthcare System, Inc., d/b/a Bethesda Memorial Hospital (Bethesda); and Boca Raton Community Hospital, Inc. (BRCH) meet the requirements for a CON to establish an adult open heart surgery program in Agency for Health Care Administration (AHCA) Health Planning District 9, for Okeechobee, Indian River, St. Lucie, Martin, and Palm Beach Counties, Florida.With four existing open heart programs all CON-approved, well dispersed geographically, declining in case volumes, and a new program at approximately 350 cases, no need established for another open heart provider in AHCA District 9.
00-000463CON  MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEMORIAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2000)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2000
Whether the adult open heart surgery rule in effect at the time the certificate of need (CON) applications were filed, and until January 24, 2002, or the rule as amended on that date is applicable to this case. Which, if any, of the applications filed by Martin Memorial Medical Center, Inc. (Martin Memorial); Bethesda Healthcare System, Inc., d/b/a Bethesda Memorial Hospital (Bethesda); and Boca Raton Community Hospital, Inc. (BRCH) meet the requirements for a CON to establish an adult open heart surgery program in Agency for Health Care Administration (AHCA) Health Planning District 9, for Okeechobee, Indian River, St. Lucie, Martin, and Palm Beach Counties, Florida.With four existing open heart programs all CON-approved, well dispersed geographically, declining in case volumes, and a new program at approximately 350 cases, no need established for another open heart provider in AHCA District 9.
01-002526RP  BOCA RATON COMMUNITY HOSPITAL, INC., AND ST. MAR vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2001)
Division of Administrative Hearings, Florida Filed: Jun. 29, 2001
Whether proposed rule amendments to Rule 59C- 1.033(7)(c) and (7)(d), Florida Administrative Code, published in the Notice of Change on June 15, 2001, constitute an invalid exercise of delegated legislative authority. Whether the proposed rule is invalid due to the absence of a provision specifying when the amendments will apply to the review of certificate of need applications to establish open heart surgery programs.

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