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

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84-451  Neilinger v. Baptist Hosp. of Miami, Inc.  (1984)
District Court of Appeal of Florida Filed: Dec. 18, 1984 Citations: 460 So. 2d 564
460 So. 2d 564 (1984) Sandra NEILINGER and Eric Neilinger, Her Husband, Appellants, v. BAPTIST HOSPITAL OF MIAMI, INC., a Florida Corporation, Appellee/Cross Appellant, and The Florida Patient's Compensation Fund, Appellee/Cross Appellee. No. 84-451. District Court of Appeal of Florida, Third District. December 18, 1984. *565 Brumer, Cohen, Logan & Kandell and Karen A. Curran, Miami, for appellants. Parenti & Falk, Greene & Cooper and Robyn Greene and Joan Bolotin, Miami, for Baptist Hosp. of Mia..
16-003819CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2016
The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.
16-003820CON  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA D/B/A JACKSON HOSPITAL WEST vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2016
The issues in these cases are whether Certificate of Need (CON) Application No. 10432 filed by East Florida-DMC, Inc. (DMC), to build an 80-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, or CON Application No. 10433 filed by The Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West (JW), to build a 100-bed acute care hospital in Miami-Dade County, Florida, AHCA District 11, on balance, satisfy the applicable criteria; and, if so, whether either or both should be approved.When evaluated in the context of the applicable statutory and rule criteria, neither applicant for a new hospital in the Doral area of Dade County established need for its proposal.
18-000073CON  ENCOMPASS HEALTH REHABILITATION HOSPITAL OF ESCAMBIA COUNTY, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 05, 2018
Whether, on balance, Certificate of Need (CON) Application No. 10945 submitted by Encompass Health Rehabilitation Hospital of Escambia County, LLC (Encompass or Petitioner) to establish a 50-bed comprehensive medical rehabilitation hospital in Service District 1 satisfies the applicable statutory and rule criteria and should be approved or denied.Petitioner failed to prove "special circumstances" necessary for approval of its CON application for a new 50-bed comprehensive medical rehabilitation freestanding hospital in service District 1, when there was a fixed need pool of zero.
18-000075CON  FLORIDA HOSPITAL WATERMAN, INC., D/B/A FLORIDA HOSPITAL WATERMAN vs MARION COMMUNITY HOSPITAL, INC.  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 05, 2018
Should the Agency for Health Care Administration (Agency) approve Certificate of Need (CON) Application No. 10499 of Marion Community Hospital, Inc. (Marion Community), d/b/a West Marion Community Hospital (West Marion), to add 12 comprehensive medical rehabilitation (CMR) beds to its facility? Should the Agency approve CON Application No. 10496 of Florida Hospital Waterman, Inc. (Waterman), to add 12 CMR beds to its facility?Waterman Hosp., Lake Co., better for "needed" 12-bed CMR unit. Not normal circumstances proved need for two 12-bed CMR units, one in Lake Co and one in Marion Co. Not normal argument was not an application amendment.
18-000068CON  MARION COMMUNITY HOSPITAL, INC., D/B/A WEST MARION COMMUNITY HOSPITAL AND OCALA REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND FLORIDA HOSPITAL WATERMAN, INC., D/B/A FLORIDA HOSPITAL WATERMAN  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 05, 2018
Should the Agency for Health Care Administration (Agency) approve Certificate of Need (CON) Application No. 10499 of Marion Community Hospital, Inc. (Marion Community), d/b/a West Marion Community Hospital (West Marion), to add 12 comprehensive medical rehabilitation (CMR) beds to its facility? Should the Agency approve CON Application No. 10496 of Florida Hospital Waterman, Inc. (Waterman), to add 12 CMR beds to its facility?Waterman Hosp., Lake Co., better for "needed" 12-bed CMR unit. Not normal circumstances proved need for two 12-bed CMR units, one in Lake Co. and one in Marion Co. Not normal argument was not an application amendment.
18-001172CON  ORLANDO HEALTH, INC., D/B/A ARNOLD PALMER MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Mar. 05, 2018
Whether there is a need for a new Pediatric Heart Transplant (PHT) program in Organ Transplant Service Area (OTSA) 3, and, if so, whether Certificate of Need (CON) Application No. 10518, filed by Orlando Health, Inc., d/b/a Arnold Palmer Medical Center (APMC), to establish a PHT program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a PHT program at the Arnold Palmer Hospital for Children (APH).Arnold Palmer Medical Center failed to oestablish need for its proposed pediatric heart transplant program.
18-001275CON  NHI SPB OPERATIONS, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Mar. 09, 2018
The issue for determination is whether Petitioner’s second request for a 60-day extension to the validity period of certificate of need (CON) No. 10412 should be granted or denied.Pet. proved good faith delay in commencing construction continued due to same two governmental action/inaction impediments with respect to regulations/permitting that AHCA agreed warranted 1st 60-day CON extension. AHCA should grant another 60-day ext.
17-001913CON  THE NEMOURS FOUNDATION, D/B/A NEMOURS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.
17-001914CON  THE NEMOURS FOUNDATION, D/B/A NEMOUR'S CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.

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