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01-002665RP BETHESDA HEALTHCARE SYSTEM, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 05, 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.Open heart surgery proposed rule, with notice of change of county need methodology into county preference and access provisions, is not an invalid exercise of delegated legislative authority.

97-005020CON MARTIN MEMORIAL MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: Oct. 24, 1997

Whether the application of Martin Memorial Medical Center, Inc., to establish a 15-bed hospital-based skilled nursing unit meets the criteria for the issuance of a certificate of need.No standing for CMR provider with no injury-in-fact demo. from est. of hospital-based SNU located 60 mi. away, with no history of adverse impact from other SNUs, and differences in intensity of service, although within Agrico zone of protected int.

97-004596 CHESTER NALLS AND THELMA NALLS vs COASTAL LUMBER COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Oct. 09, 1997

Whether Respondent Coastal Lumber Company (Coastal) has provided reasonable assurances to Respondent Department of Environmental Protection (DEP) that it can comply with applicable provisions of Chapter 403, Florida Statutes, and related rules in the Florida Administrative Code regarding odor and visible emissions, and whether DEP should issue a Title V Air Operation Permit to Coastal Lumber.Petitioners' allegations of excessive odor and other emissions is not supported by competent substantial evidence and permit should be issued.

95-002319CON BROOKWOOD-EXTENDED CARE CENTER OF HOMESTEAD vs MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC., D/B/A MOUNT SINAI MEDICAL CENTER (1995)

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

Whether the CON application of Brookwood, Mount Sinai, or FCA should be approved to meet the need for 60 additional community nursing home beds in Dade County, Florida. Nursing home Certificate Of Need (CON) approved in area of high over-age-75 population at statutory teaching hospital. Consider donations for financial feasibility.

93-000316 LARRY E. GRAY vs RUSSELL CORPORATION (1993)

Division of Administrative Hearings, Florida Filed: Jan. 21, 1993

The issues to be resolved in this proceeding concern whether the above- named Petitioners suffered an unlawful employment practice within the purview of the pertinent provisions of Chapter 760, Florida Statutes, and the case law advanced by the parties in support of their positions herein concerning their discharge from employment by the Respondent on November 12, 1991, and concerning the alleged failure by the Petitioners to receive certain employment promotions during their tenure with the Respondent corporation prior to that date.Petitioner did not show direct evid. of discrm. Preponderance of evidence nor did promotional and discipline practices re: comparative employees show hostile environment.

94-004772CON CATHOLIC HOSPICE OF BROWARD, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Aug. 30, 1994

Whether the petition should be dismissed, and the certificate of need ("CON") application denied because the members of the applicant's board of directors adopted the resolution authorizing the filing of the CON application before the articles of incorporation were filed with the Secretary of State.Certificate of need denied when applicants' "board" met and adopted resolution one week before articles of incorporation were filed with secretary of state.

93-000706 GLEN D. SOWELLS vs DEPARTMENT OF CORRECTIONS, HAMILTON COUNTY CORRECTIONAL INSTITUTION (1993)

Division of Administrative Hearings, Florida Filed: Nov. 16, 1994

The issue is whether respondent is guilty of an unlawful employment practice as alleged by petitioner.Petitioner did not establish that employment decision was based on his race.

94-004453RX CATHOLIC HOSPICE OF BROWARD, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Aug. 11, 1994

The issue in this case is whether Rule 59C-1.035(4), Florida Administrative Code, is invalid.Rule 59C-1.035(4) is invalid due to arbitrary method of projecting patients and unauthorized manner of allocating new growth to existing hospices.

92-004992CON NORTH SHORE MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 18, 1992

Whether either or both of the certificate of need applications of North Shore Medical Center, Inc., and Victoria Hospital Partnership should be approved.Certificate of need denied due to change of applicantion; not normal circumstances include high occupancy level in psychiatric beds at applicantion.

90-001036RP FLORIDA LEAGUE OF HOSPITALS, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Feb. 09, 1990

The issue in these consolidated cases is whether proposed amendments to Rule 10-5.011(1)(o), and (p) F.A.C. relating to certificates of need for hospital inpatient general psychiatric services, are invalid exercises of delegated legislative authority, as defined in Section 120.52(8), F.S.Proposed amendment to substance abuse Certificate Of Need rules abolish short/long term distinction and create separate adult/child registration-valid with a few exceptions

Paul H. Nessler, Jr.