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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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15-001967CON  MARION COUNTY HRC, LLC vs CMCP-PINECASTLE, LLC, AND MARION COUNTY DEVELOPMENT, 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.
15-001970CON  CON APP MARION, LLC vs 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.
16-000687F  BAYOU SHORES SNF, LLC, D/B/A REHABILITATION CENTER OF ST. PETE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Feb. 09, 2016
The issue in this case is whether statements contained in Respondent’s letter dated March 4, 2008, an attachment thereto,2/ and comments made during a hearing on January 5 through 8, and February 22, 2016, constitute a rule as defined by section 120.52(16).Summary Final Order--Petitioner failed to include the text of the statement or a descripton of the statement with particular facts sufficient to show that the statement constitutes a rule. Petition dismissed.
14-005121  HERNANDO-PASCO HOSPICE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2014)
Division of Administrative Hearings, Florida Filed: Oct. 28, 2014
The issue in this fixed need pool challenge is whether Respondent erred in determining that there is a numeric need for one additional hospice program in service area 5A.Published need for hospice SA 5A was in error. AHCA did not use current death data per need rule. Argument that APA requires rule promulgation to adopt each new data report before using new data is contrary to AHCA's rule and practice and is wrong.
13-004660  SENIOR LIFESTYLES, LLC, D/B/A, KIPLING MANOR RETIREMENT CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Dec. 02, 2013
The issue in this case is whether there is sufficient cause for Respondent, Agency for Health Care Administration (AHCA or the Agency), to deny the licensure renewal application filed by Petitioner, Senior Lifestyles, LLC, d/b/a Kipling Manor Retirement Center (Kipling or the Facility), to continue operating a 65-bed assisted living facility (ALF) located in Pensacola, Florida.Petitioner met burden of proof regarding entitlement to license; Respondent did not prove by competent and substantial evidence that Petitioner was guilty of a pattern of defective practice.
13-002558CON  NAPLES COMMUNITY HOSPITAL, INC., D/B/A NCH NORTH NAPLES HOSPITAL CAMPUS vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Jul. 11, 2013
The issue in this case is whether the certificate of need (CON) application filed by Lee Memorial Health System (LMHS) to establish a new 80-bed hospital in Lee County, Florida, should be approved or denied.The applicant failed to demonstrate need for its proposed 80-bed hospital.
13-002508CON  LEE MEMORIAL HEALTH SYSTEM vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2013
The issue in this case is whether the certificate of need (CON) application filed by Lee Memorial Health System (LMHS) to establish a new 80-bed hospital in Lee County, Florida, should be approved or denied.The applicant failed to demonstrate need for its proposed 80-bed hospital.
13-001206F  AVALON'S ASSISTED LIVING, LLC, D/B/A AVALON'S ASSISTED LIVING AND D/B/A AVALON'S ASSISTED LIVING AT AVALON PARK, AND AVALON'S ASSISTED LIVING II, LLC, D/B/A AVALON'S ASSISTED LIVING AT SOUTHMEADOW vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Apr. 05, 2013
The issue is whether the Respondent, Agency for Health Care Administration (AHCA), should pay the Petitioners attorney's fees and costs under section 57.111, Florida Statutes (2013),1/ the Florida Equal Access to Justice Act, for initiating DOAH Cases 10-0528, 10-1672 and 10-1673.AHCA was substantially justified initiating administrative action versus Petitioners; no award.
13-001207F  AVALON'S ASSISTED LIVING, LLC, D/B/A AVALON'S ASSISTED LIVING AND D/B/A AVALON'S ASSISTED LIVING AT AVALON PARK, AND AVALON'S ASSISTED LIVING II, LLC, D/B/A AVALON'S ASSISTED LIVING AT SOUTHMEADOW vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Apr. 05, 2013
The issue is whether the Respondent, Agency for Health Care Administration (AHCA), should pay the Petitioners attorney's fees and costs under section 57.111, Florida Statutes (2013),1/ the Florida Equal Access to Justice Act, for initiating DOAH Cases 10-0528, 10-1672 and 10-1673.AHCA was substantially justified initiating administrative action versus Petitioners; no award.
13-001208F  AVALON'S ASSISTED LIVING, LLC, D/B/A AVALON'S ASSISTED LIVING AND D/B/A AVALON'S ASSISTED LIVING AT AVALON PARK, AND AVALON'S ASSISTED LIVING II, LLC, D/B/A AVALON'S ASSISTED LIVING AT SOUTHMEADOW vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Apr. 05, 2013
The issue is whether the Respondent, Agency for Health Care Administration (AHCA), should pay the Petitioners attorney's fees and costs under section 57.111, Florida Statutes (2013),1/ the Florida Equal Access to Justice Act, for initiating DOAH Cases 10-0528, 10-1672 and 10-1673.AHCA was substantially justified initiating administrative action versus Petitioners; no award.

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