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Stephen Craig Emmanuel
Stephen Craig Emmanuel
Visitors: 119
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Bar #379646(FL)     License for 42 years
Tallahassee FL

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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.
18-003514BID  SOUTH FLORIDA COMMUNITY CARE NETWORK, LLC, D/B/A COMMUNITY CARE PLAN vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2018)
Division of Administrative Hearings, Florida Filed: Jul. 09, 2018
Does Petitioner, AHF MCO of Florida, Inc., d/b/a PHC Florida HIV/AIDS Specialty Plan (Positive), have standing to contest the intended award to Simply for Regions 10 and 11 or to seek rejection of all proposals? (Case No. 18-3507 and 18-3508) Should the intended decision of Respondent, Agency for Health Care Administration (Agency), to contract with Simply Healthcare Plans, Inc. (Simply), for Medicaid managed care plans for HIV/AIDS patients in Regions 10 (Broward County) and Region 11 (Miami-Dade and Collier Counties) be invalidated and all proposals rejected? (Case Nos. 18-3507 and 18-3508) Must the Agency negotiate with Petitioner, South Florida Community Care Network, LLC, d/b/a Community Care Plan (Community), about a plan to provide HIV/AIDS Medicaid managed care services in Region 10 because it was the only responsive proposer of services that was a Provider Service Network (PSN)? (Case No. 18-3512) Must the Agency negotiate with Community to provide Medicaid managed care services in Region 10 for people with Serious Mental Illnesses because Community is a PSN? (Case No. 18-3511) Must the Agency contract with Community to provide Medicaid managed care services for Children with Special Needs in Region 10 because Community is a PSN? (Case No. 18-3513) Must the Agency negotiate with Community to provide Medicaid managed care services for Child Welfare patients in Region 10 because Community is a PSN? (Case No. 18-3514)AHCA did not follow ITN ranking process. Required to reject all responses. AHCA did not follow requirement to negotiate with responsive Provider Service Network offering specialty Medicaid managed care plans. AHCA must negotiate. Evaluators qualified.
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.
15-002003CON  SEASONS HOSPICE AND PALLIATIVE CARE OF TAMPA, LLC 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.
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.
13-000706BID  LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Feb. 22, 2013
The issues in the case are (1) whether the decision of the Agency for Health Care Administration (AHCA) to not select Little Havana Activities and Nutrition Centers of Dade County, Inc. (Little Havana), for the award of a contract for the provision of long-term care managed care services pursuant to AHCA Invitation to Negotiation Solicitation No. AHCA ITN 011- 12/13, entitled "Statewide Medicaid Managed Care--Long Term Care, Region 11" (ITN) was contrary to the AHCA's governing statutes, rules, polices or any applicable ITN specification, and, if so, whether such selection decision was clearly erroneous, contrary to competition, arbitrary, or capricious; whether Little Havana's response to the ITN was responsive; whether Little Havana was a responsible vendor; and (4) whether Little Havana's protest is barred for failure to submit the required protest bond.Protestor did not have standing to protest contract awards because it was neither responsive nor responsible.
12-000428CON  COLUMBIA HOSPITAL (PALM BEACHES) LIMITED PARTNERSHIP, D/B/A WEST PALM HOSPITAL, AND JUPITER MEDICAL CENTER, INC., D/B/A JUPITER MEDICAL CENTER vs FLORIDA REGIONAL MEDICAL CENTER, INC. AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2012)
Division of Administrative Hearings, Florida Filed: Jan. 27, 2012
Whether Certificate of Need (CON) Application No. 10130, filed by Florida Regional Medical Center (FRMC) for an 80-bed acute-care hospital in Palm Beach County, Florida, Agency for Health Care Administration (AHCA) health planning district 9, sub-district 9-4, satisfies, on balance, the applicable statutory and rule criteria.Applicant failed to demonstrate need for its proposed hospital; evidence submitted did not satisfy, on balance, the applicable statutory and rule criteria; needs of research and educational facilities are no longer considered in CON review.
12-000496CON  JUPITER MEDICAL CENTER, INC., D/B/A JUPITER MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2012)
Division of Administrative Hearings, Florida Filed: Feb. 03, 2012
Whether Certificate of Need (CON) Application No. 10130, filed by Florida Regional Medical Center (FRMC) for an 80-bed acute-care hospital in Palm Beach County, Florida, Agency for Health Care Administration (AHCA) health planning district 9, sub-district 9-4, satisfies, on balance, the applicable statutory and rule criteria.Applicant failed to demonstrate need for its proposed hospital; evidence submitted did not satisfy, on balance, the applicable statutory and rule criteria; needs of research and educational facilities are no longer considered in CON review.

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