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  8. Seann Michael Frazier
Seann Michael Frazier
Seann Michael Frazier
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Bar #971200(FL)     License for 31 years
Tallahassee FL

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15-001903CON  LAKELAND OAKS NH, LLC vs EIGHTH FLORIDA LIVING OPTIONS, LLC  (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.
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.
14-001022RP  SHANDS TEACHING HOSPITAL AND CLINICS, INC., D/B/A UF HEALTH SHANDS HOSPITAL vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 06, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
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.
13-004113BID  CARE ACCESS PSN, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Oct. 17, 2013
The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.
11-002602RX  BAYFRONT MEDICAL CENTER, INC. vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: May 23, 2011
Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
11-002603RX  FLORIDA HEALTH SCIENCES CENTER, INC., D/B/A TAMPA GENERAL HOSPITAL vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: May 23, 2011
Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
11-002746RX  ST. JOSEPH'S HOSPITAL, INC., D/B/A ST. JOSEPH'S HOSPITAL vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: May 25, 2011
Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
11-002796RX  SHANDS JACKSONVILLE MEDICAL CENTER, INC. vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: Jun. 02, 2011
Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
12-000429CON  MEMORIAL HEALTHCARE GROUP, INC., D/B/A MEMORIAL HOSPITAL JACKSONVILLE vs AGENCY FOR HEALTH CARE ADMINISTRATION AND SHANDS JACKSONVILLE MEDICAL CENTER, INC.  (2012)
Division of Administrative Hearings, Florida Filed: Jan. 27, 2012
Whether Certificate of Need (CON) Application No. 10125, filed by Shands Jacksonville Medical Center, Inc. (Shands Jacksonville) to establish a new, 100-bed acute care hospital (Shands North) in Duval County, Agency for Health Care Administration (AHCA or Agency) acute care subdistrict 4-1, satisfies, on balance, the applicable statutory and rule review criteria.Applicant failed to demonstrate need for its proposed 100-bed satellite hospital.

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