Leon FL Government contracts, Health care and Litigation Law -- eLawyers

16-001019RP CHOICE PLUS, LLC vs DEPARTMENT OF FINANCIAL SERVICES (2016)

Division of Administrative Hearings, Florida Filed: Feb. 19, 2016

Whether the proposed repeal of Florida Administrative Code Rule 69I-44.021 amounts to an invalid exercise of delegated legislative authority within the meaning of sections 120.52(8)(b) and/or (e), Florida Statutes, (2015).1/Petitioner failed to demonstrate that it has standing to challenge the proposed repeal of Rule 69I-44.021. The Petitioner's alleged injury in fact occured before Respondent moved to repeal the Rule.

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.

15-001966CON 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.

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.

15-005550CON NORTH BROWARD HOSPITAL DISTRICT, D/B/A BROWARD HEALTH MEDICAL CENTER vs SOUTH BROWARD HOSPITAL DISTRICT, D/B/A MEMORIAL REGIONAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Oct. 02, 2015

Whether Certificate of Need (CON) applications 10386 and 10388 filed by South Broward Hospital District, d/b/a Memorial Regional Hospital (Memorial), to establish a pediatric kidney transplantation program at Joe DiMaggio Children’s Hospital and an adult kidney transplantation program at Memorial Regional Hospital in Broward County, both of which are proposed for organ transplantation service area (OTSA) 4, should be approved. Alternatively, do competing CON applications 10387 and 10389 filed by North Broward Hospital District, d/b/a Broward Health Medical Center (Broward Health), to establish a pediatric kidney transplantation program at Chris Evert Children’s Hospital and Broward Health Medical Center, on balance, better satisfy the applicable statutory and rule review criteria for award of a CON to establish a pediatric or adult kidney transplantation program in OTSA 4?As between two competing applicants to establish adult and pediatric kidney transplant programs in OTSA 4, Memorial's proposals are superior to those submitted by Broward Health, and should therefore be approved.

15-005549CON NORTH BROWARD HOSPITAL DISTRICT, D/B/A BROWARD HEALTH MEDICAL CENTER vs SOUTH BROWARD HOSPITAL DISTRICT, D/B/A MEMORIAL REGIONAL HOSPITAL, AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Oct. 02, 2015

Whether Certificate of Need (CON) applications 10386 and 10388 filed by South Broward Hospital District, d/b/a Memorial Regional Hospital (Memorial), to establish a pediatric kidney transplantation program at Joe DiMaggio Children’s Hospital and an adult kidney transplantation program at Memorial Regional Hospital in Broward County, both of which are proposed for organ transplantation service area (OTSA) 4, should be approved. Alternatively, do competing CON applications 10387 and 10389 filed by North Broward Hospital District, d/b/a Broward Health Medical Center (Broward Health), to establish a pediatric kidney transplantation program at Chris Evert Children’s Hospital and Broward Health Medical Center, on balance, better satisfy the applicable statutory and rule review criteria for award of a CON to establish a pediatric or adult kidney transplantation program in OTSA 4?As between two competing applicants to establish adult and pediatric kidney transplant programs in OTSA 4, Memorial's proposals are superior to those submitted by Broward Health, and should therefore be approved.

15-002001CON LIFEPATH HOSPICE, INC. vs WEST FLORIDA HEALTH, INC.; AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Apr. 13, 2015

Whether the Certificate of Need (“CON”) applications filed by Seasons Hospice and Palliative Care, Inc. (“Seasons”); Gulfside Hospice and Pasco Palliative Care, Inc. (“Gulfside”); and West Florida Health, Inc. (“West Florida”); for a new hospice program in Agency for Health Care Administration (“AHCA” or the “Agency”) Service Area 6A/Hillsborough County, satisfy the applicable statutory and rule review criteria sufficiently to warrant approval, and, if so, which of the three applications best meets the applicable criteria, on balance, for approval.On balance, Seasons best satisfied the criteria for approval of its Certificate of Need application in this comparative review.

15-002007CON WEST FLORIDA HEALTH, INC. vs GULFSIDE HOSPICE AND PASCO PALLIATIVE CARE, INC.; SEASONS HOSPICE OF PALLIATIVE CARE OF TAMPA, LLC; VITAS HEALTHCARE CORPORATION OF FLORIDA; AND LIFE PATH HOSPICE, INC. (2015)

Division of Administrative Hearings, Florida Filed: Apr. 13, 2015

Whether the Certificate of Need (“CON”) applications filed by Seasons Hospice and Palliative Care, Inc. (“Seasons”); Gulfside Hospice and Pasco Palliative Care, Inc. (“Gulfside”); and West Florida Health, Inc. (“West Florida”); for a new hospice program in Agency for Health Care Administration (“AHCA” or the “Agency”) Service Area 6A/Hillsborough County, satisfy the applicable statutory and rule review criteria sufficiently to warrant approval, and, if so, which of the three applications best meets the applicable criteria, on balance, for approval.On balance, Seasons best satisfied the criteria for approval of its Certificate of Need application in this comparative review.

15-001897CON EIGHTH FLORIDA LIVING OPTIONS, LLC vs LAKELAND OAKS NH, LLC AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Apr. 08, 2015

Which certificate of need application seeking to establish a new 120-bed community nursing home in Nursing Home District 6, Subdistrict 5 (Polk County), on balance, best satisfies the statutory and rule criteria for approval: Lakeland Oaks NH, LLC’s CON Application No. 10309, or Eighth Florida Living Options, LLC’s CON Application No. 10303.On balance, under applicable criteria, the evidence showed that the CON application of the preliminarily-approved applicant should be approved for the establishment of a 120-bed nursing home in Polk County, Florida.

Seann Michael Frazier