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  6. Richard J Saliba
Richard J Saliba
Richard J Saliba
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Bar #240389(FL)     License for 48 years
Tallahassee FL

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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.
17-000554CON  MARION COMMUNITY HOSPITAL, INC., D/B/A OCALA REGIONAL MEDICAL CENTER; CITRUS MEMORIAL HOSPITAL, INC., D/B/A CITRUS MEMORIAL HOSPITAL; AND MARION COMMUNITY HOSPITAL, INC., D/B/A WEST MARION COMMUNITY HOSPITAL vs MUNROE HMA HOSPITAL, LLC, D/B/A MUNROE REGIONAL MEDICAL CENTER AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
This proceeding involves Certificate of Need (“CON”) application number 10449, submitted to the Agency by Munroe Regional, seeking to establish a 66-bed general acute care hospital in Marion County, Florida, District 3, Subdistrict 3-4. The nature of the controversy is whether, on balance, the CON application satisfies the applicable statutory and rule criteria and should be approved.Petitioners proved by a preponderance of evidence that the Certificate of Need requested by Munroe Regional should not be approved.
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.
16-003681RP  DAYSPRING VILLAGE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jun. 28, 2016
The issue in this matter is whether Respondent’s proposed Florida Administrative Code Rule 59A-36.001 constitutes an invalid exercise of delegated legislative authority. Before that issue may be reached, however, it is necessary to determine whether Petitioner has standing to challenge the proposed rule.Petitioner lacked standing to challenge proposed rule 59A-36.001, because no real or immediate injury was demonstrated. Further, Petitioner failed to prove that the proposed rule is vague.
15-003656RX  THE HOSPICE OF THE FLORIDA SUNCOAST, INC., D/B/A SUNCOAST HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 24, 2015
The issue in this existing rule challenge filed pursuant to section 120.56(3), Florida Statutes (2015),1/ is whether Florida Administrative Code Rule subparagraphs 59C-1.008(2)(a)2. and (2)(a)3. are invalid exercises of delegated legislative authority for the reasons alleged by Petitioner.Petitioner failed to prove that challenged parts of the fixed need pool rule are invalid exercises of delegated legislative authority under section 120.52(8)(b), (c), or "flush-left" paragraph, or that they are illegal procedural rules that are void.
16-001696CON  PRUITTHEALTH-ALACHUA COUNTY, LLC AND ALACHUA COUNTY HRC, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 24, 2016
This proceeding involves Certificate of Need (“CON”) Application No. 10400 filed by Petitioner, PruittHealth-Alachua County, LLC (“PruittHealth”), and CON Application No. 10397 filed by Alachua County HRC, LLC (“Alachua HRC”). The applicants each seek to establish a new community nursing home in District 3/subdistrict 3-2, Alachua County, Florida. PruittHealth is seeking a 94-bed nursing home, consistent with the projected bed need for that subdistrict; Alachua HRC seeks to aggregate nine additional beds from subdistrict 3-3 for a total of 103 beds. The nature of the controversy is whether, on balance, PruittHealth’s or Alachua HRC’s application best satisfies the applicable criteria for approval.On balance, Alachua HRC, LLC, best met the statutory review criteria, and its application for a certificate of need should be approved.
15-005556CON  THE HOSPICE OF THE FLORIDA SUNCOAST, INC., D/B/A SUNCOAST HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Oct. 05, 2015
The issue in this case is whether the application of Seasons Hospice & Palliative Care of Pinellas County, LLC (Seasons), for a certificate of need (CON) to establish a new hospice program in service area 5B (Pinellas County), should be approved or denied.Balance of review criteria weighs heavily in favor of issuing CON to Seasons for the second hospice in the large, elderly Pinellas service area. On the facts, competition will enhance quality and access to hospice services.
15-001966CON  MARION COUNTY DEVELOPMENT, LLC vs MARION COUNTY HRC, LLC; CON APP MARION, LLC; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2015
Which certificate of need (CON) application seeking to establish a new community nursing home in Nursing Home District 3, Subdistrict 4 (Marion County), on balance, best satisfies the statutory and rule criteria for approval: Marion County Development, LLC's CON Application No. 10257; Marion County HRC, LLC's CON Application No. 10258; or CON APP Marion, LLC's CON Application No. 10256?Record supported Agency incipient policy to approve 120-bed CON for nursing home for short-term rehab patients who are Medicare patients. One competing applicant did not prove ability to finance or staff proposed facility.

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