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BAYCARE LONG TERM ACUTE CARE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 04-003156CON (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003156CON Visitors: 40
Petitioner: BAYCARE LONG TERM ACUTE CARE, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: HARRY L. HOOPER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 02, 2004
Status: Closed
Recommended Order on Tuesday, November 29, 2005.

Latest Update: Apr. 13, 2006
Summary: The issue is whether BayCare Long Term Acute Care Hospital, Inc.'s Certificate of Need Application No. 9753 and University Community Hospital's Certificate of Need Application No. 9754, both submitted to the Agency for Health Care Administration, should be approved.Two hospital systems sought to establish long-term acute care hospitals in Respondent`s District 5. Need was established for both under Section 408.035, Florida Statutes.
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RENDITION NO. ape CON NOS. 9753 & 9754 UNIVERSITY COMMUNITY HOSPITAL, INC, Petitioner, DOAH CASE NO. 04-3133CON AHCA NO. 2004006501 vs. — > STATE OF FLORIDA, AGENCY FOR Ee = HEALTH CARE ADMINISTRATION, mec = 248 5 Respondent, 2a= aus P and ba coal = HEALTHSOUTH OF LARGO LIMITED PARTNERSHIP d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO, Intervenor. / BAYCARE LONG TERM CARE HOSPITAL, INC., Petitioner, DOAH CASE NO. 04-3156CON AHCA NO. 2004006623 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HEALTHSOUTH OF LARGO LIMITED PARTNERSHIP d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO and KINDRED HOSPITALS EAST, LLC, Intervenors. UNIVERSITY COMMUNITY HOSPITAL, INC., han Lee Petitioner, DOAH CASE NO. 04-3157CO AHCA NO. 2004006625 . vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HEALTHSOUTH OF LARGO LIMITED PARTNERSHIP d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO, Intervenor. / FINAL ORDER This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), William R. Pfeiffer, conducted a formal administrative hearing. Subsequent to the hearing, Harry L. Hooper, was assigned to the case and submitted the Recommended Order rendered in this proceeding. At issue in this proceeding is whether the Certificate of Need (CON) applications filed by BayCare Long Term Acute Care Hospital, Inc. (“Baycare”) and University. Community. Hospital, Inc. (“University”), each of which proposed to establish a new long term acute care hospital in District 5, should be approved. The Recommended Order dated November 29, 2005, is incorporated herein by reference, except where noted infra. RULINGS ON EXCEPTIONS HealthSouth of Largo Limited Partnership (“HealthSouth”) and Kindred Hospitals East, LLC (“Kindred”) filed exceptions to which BayCare filed a response. The Agency filed a Notice of Joinder to Kindred’s first and fifth exceptions. University did not file any exceptions. HEALTHSOUTH’S EXCEPTIONS In its first exception, HealthSouth took exception to the findings of fact in Paragraphs 17C, 29, 45 and 50 of the Recommended Order, arguing there was no competent substantial evidence to support the ALJ’s general findings that there were geographic access problems to long term acute care hospitals (“LTACHs” or “LTCHs”) in District 5. It should be noted that the ALJ, in Paragraph 17c¢ of the Recommended Order, erred in finding that the parties stipulated that “both proposals will increase access.” . The parties never. stipulated to this fact, and the record even indicates that the issue was still clearly in dispute during the hearing. See Transcript, Volume III, Page 296. However, in spite of that error, the remainder of Paragraph 17c, as well as Paragraphs 29, 45 and 50 of the Recommended Order was based on competent substantial evidence. See Transcript, Volume II, Pages 199-200; Transcript, Volume Il], Pages 242, 244, 269, and 286-287; Transcript, Volume IV, Pages 333-334, Transcript, Volume V, Pages 547-548; Transcript, Volume VI, Page 696; Transcript, Volume VIII, Pages 1062-1063; Deposition of Mark Richardson, Page 94; UCH Exhibit 2, Pages 1-6 — 1-7, 6-1; UCH Exhibit 26 at Page 9; UCH Exhibit 29 at Pages 11 and 17-18; and BayCare Exhibit 3. The Agency can only reject or modify. an ALJ’s findings of fact if it determines that such findings are not based upon competent substantial evidence in the record. See § 120.57(1)(/), Fla. Stat.; Heifetz v. Department of Bus. Regulation, 475 So.2d 1277, 1281 (Fla. 1985) (holding that an agency. “may. not reject the hearing officer’s. finding [of fact] unless there is no competent, substantial evidence from which the finding could reasonably. be inferred”). . Therefore, HealthSouth’s first exception is denied. However, based on the fact that the ALJ erred in stating that the parties stipulated to the fact that both proposals will increase access, Paragraph 17c of the Recommended Order is changed to state c. With regard to subsection (5), 'The extent to which the proposed services will enhance access to health care for residents of the service district,’ the parties disputed whether the proposals would increase access. However, currently there are geographic, financial 3 and programmatic barriers to access in District 5. The only extant LTCH is located in the southernmost part of District 5. In its second exception, HealthSouth took exception to the findings of fact in Paragraphs 42 and 43 of the Recommended Order, arguing there was no competent substantial evidence to support the ALJ’s findings that HealthSouth “would. not have sufficient capacity. to. provide for the need” of LTACH patients, and that “[a] CMR is a facility. to. which persons who make progress in an LTCH might repair. so. that they. can return to the activities of daily living.” However, the ALI’s findings in Paragraphs 42 and 43 of the Recommended Order were based on competent substantial evidence. See, Transcript, Volume IV, Page 441; Transcript, Volume VI, Pages 682-683; Transcript, Volume VII, Pages 884-886, BayCare Exhibit 14; and BayCare Exhibit 24 at Pages 79-80. Thus, the Agency cannot reject them. See § 120.57(1)(), Fla. Stat, Heifetz. Therefore, HealthSouth’s second exception is denied. In its third exception, HealthSouth took exception to the findings of fact in Paragraphs 54, 55, 60 and 61 of the Recommended Order, as well as the conclusion of law in Paragraph 79 of the Recommended Order, arguing the ALJ erred in making findings of fact in these paragraphs that were not supported by competent substantial evidence. Specifically, HealthSouth argued the ALJ erred in finding that the Agency had adopted a geometric mean length of stay. (“GMLOS”). +. 7. numeric need methodology. However, contrary. to. HealthSouth’s argument, the findings of fact in Paragraphs 54, 55, 60 and 61 do not stand for that proposition. Rather, the ALJ correctly found that, “[a]lthough the Agency has not formally adopted by rule a need methodology specifically for LTCHs, by final order it has recently relied upon the ‘geometric mean length of stay +.7° (GMLOS. + 7) need methodology.” This finding was based on competent substantial evidence. See Transcript, Volume VIII, Pages 1036-1037 and 1070-1071. Furthermore, the ALJ’s other findings in these paragraphs were also based on competent substantial evidence. See, Transcript, Volume VII, Pages 1067-1068; BayCare Exhibit 24 at Pages 48-52. Thus, the Agency cannot reject them. 4 See § 120.57(1)(), Fla. Stat.; Heifetz. Further, the ALJ’s conclusion of law in Paragraph 79 of the Recommended Order was based on the findings of fact in Paragraphs 54, 55, 60 and 61 of the Recommended Order, which in turn were based on competent substantial evidence. In Section 120.57(1)(D),. Florida Statutes (2005), an agency. is allowed to. “reject or modify. the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction.” _ However, in doing so, “the agency. must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative tule is as or more reasonable than that which was rejected or modified.”.. The Agency. finds that, while it does have substantive jurisdiction over the conclusions of law in Paragraph 79 of the Recommended Order, it could not substitute conclusions of law as or more reasonable than those of the ALJ. However, HealthSouth’s statement that there is no. competent substantial evidence to support the ALJ’s findings in Paragraph 54 that “[t]he GMLOS. +. 7 is a statistical calculation used by CMS in administering the PPS reimbursement system”, and in Paragraph 61 that “BayCare’s GMLOS. +7. bed need methodology. reasonably. projects a bed need of 82 beds” is correct. . The Agency. finds that, based upon a review. of the record, there are scrivener’s errors in these two findings. See Transcript, Volume Ill, Page 247; and BayCare Exhibit 24 at Pages 35-39, Therefore, HealthSouth’s exception to these sections of Paragraphs 54 and 61 will be treated as a motion to correct scrivener’s errors, which is hereby granted. Paragraphs 54 and 61 of the Recommended Order are changed to state 54. Although the Agency has not formally adopted by rule a need methodology specifically for LTCHs, by final order it has recently relied upon the "geometric mean length of stay + 7" (GMLOS +7) need methodology. The GMLOS is a statistical calculation used by CMS in administering the PPS reimbursement system in determining an appropriate reimbursement for a particular "diagnostic related group" (DRG). 61. BayCare's GMLOS x 3 bed need methodology reasonably projects a bed need of 82 beds based on BayCare's analysis of the demand arising from the three District 5 BayCare hospitals and the two Mease hospitals. KKINDRED’S. EXCEPTIONS In its first exception, Kindred took exception to portions of the findings of fact in Paragraphs 17c, 29, 45 and 50 of the Recommended Order that state that its LTACH services are not reasonably available to patients’ families residing in northern Pinellas County... Kindred argued the ALJ created a standard of LTACH geographic accessibility that is significantly more stringent that the standards that the Agency has adopted on a case-by-case basis in recent years. However, contrary to Kindred’s argument, the Agency has not adopted any standards for geographic accessibility. The standards used by the ALJs in the cases cited by Kindred were only specific to those particular cases. In this case, even though there was no evidence presented as to drive times or service areas, there was competent substantial evidence that demonstrated there were geographic access problems in the district. See the ruling on HealthSouth’s first exception supra. . Therefore, Kindred’s first exception is denied. In its second exception, Kindred took exception to Paragraph 17c of the Recommended Order, arguing there was no competent substantial evidence to support the ALJ’s finding that there were programmatic barriers to LTACH services in District 5. “Programmatic access concerns arise when specific programs or services are not available at the existing hospitals or when the quality of the existing programs or services is inadequate.” See, e.g., Manatee Memorial Hospital, L.P. v. Agency for Health Care Administration and North Port HMA, Inc., 2005 WL 3733782 at Page 18 (Fla. Div.Admin.Hrgs.) (AHCA Final Order Pending). There was competent substantial evidence to show that there were programmatic barriers to LTACH access in District 5. See, e.g., Transcript, Volume VI, Pages 739-743 and 755-757; BayCare Exhibit 19 at Pages 25-26; BayCare Exhibit 20 at Pages 10-12; and BayCare Exhibit 24 at Pages 123-124. Thus, the Agency cannot reject the 6 ALJ's finding. See § 120.57(1)(), Fla. Stat.; Heifetz.. Therefore, Kindred’s second exception is denied. In its third exception, Kindred took exception to the findings of fact in Paragraphs 36, 39 and 63 of the Recommended Order, arguing that they erroneously implied that an LTACH can admit patients that do not meet the mandatory admission criteria. However, regardless of what Kindred believed these findings may or may not imply, the findings themselves are based on competent substantial evidence. See, e.g., Transcript, Volume VI, Pages 697, 703-706 and 739- 743. Thus, the Agency cannot reject them. See § 120.57(1)(), Fla. Stat.; Heifetz. Therefore, Kindred’s third exception is denied. In its fourth exception, Kindred took exception to the findings of fact in Paragraph 38 of the Recommended Order, arguing there was no. competent substantial evidence to. support the ALJ’s finding that “it denies access to a significant number. of patients in District 5.” . Specifically, Kindred argued there was no competent substantial evidence to support the term “significant”, and that the Recommended Order did not quantify the number of LTACH-appropriate patients not admitted to Kindred-St. Petersburg because of inability to pay for their anticipated care. However, contrary to. Kindred’s argument, the ALI’s finding in Paragraph 38 of the Recommended Order was a reasonable inference based on competent substantial evidence. See Transcript, Volume VI, Pages 749-751. Thus, the Agency cannot reject it. See § 120.57(1)(/), Fla. Stat., Heifetz. Therefore, Kindred’s fourth exception is denied. In its fifth exception, Kindred took exception to the findings of fact in Paragraphs 54, 55, 60 and 61 of the Recommended Order, as well as the conclusions of law in Paragraph 79 of the Recommended Order, arguing the findings and conclusions were not based on competent substantial evidence... For the reasons set forth in the ruling on HealthSouth’s third exception supra, Kindred’s fourth exception is denied,. except for its exception concerning the second sentence of Paragraph 54, which was treated as a scrivener’s error, as noted in the ruling on HealthSouth’s third exception supra. In its sixth exception, Kindred took exception to the conclusions of law in Paragraphs 76, 78 and 79 of the Recommended Order, arguing the ALJ failed to consider the availability of LTACH beds in District 5 and the extent of utilization of these beds in reaching these conclusions. However, the conclusions of law in Paragraphs 76, 78 and 79 of the Recommended Order were based on the findings of fact, which in turn were based on competent substantial evidence. See the ruling on Kindred’s first, second, third, fourth and fifth exceptions supra. The Agency finds that, while it does have substantive jurisdiction over the conclusions of law in Paragraphs 76, 78 and 79 of the Recommended Order, it could not substitute conclusions of law as or more reasonable than those of the ALJ... Therefore, Kindred’s sixth exception is denied. FINDINGS OF FACT The Agency hereby adopts the findings of fact set forth in the Recommended Order, except where noted supra. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. ORDER Based upon the foregoing, University’s CON Application No.. 9754 and BayCare’s CON Application No. 9753 are both granted. DONE and ORDERED this "7 day of MPtL _, 2006, in Tallahassee, Florida ALAN LEVINE, SECRETARY AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail, or by the method indicated, to the persons named below on this_// day of Apr] __., 2006. RICHARD J. SHOOP, Agency = Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308-5403 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Timothy B. Elliott, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street, Suite 200 Tallahassee, Florida 32301 Geoffrey D. Smith, Esquire Cassandra Pasley, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, Florida 32302-3068 Elizabeth Dudek Health Quality Assurance Jan Mills Facilities Intake

Docket for Case No: 04-003156CON
Issue Date Proceedings
Apr. 13, 2006 Final Order filed.
Jan. 04, 2006 Motion for Extension of Time to File Responses to Exceptions to Recommended Order filed.
Dec. 27, 2005 Intervenor Kindred`s Exceptions to Recommended Order filed.
Nov. 29, 2005 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 29, 2005 Recommended Order (hearing held November 29 and 30, 2004 and December 1-3, and 6-7, 2004). CASE CLOSED.
Aug. 16, 2005 Notice of Appearance and Substitution of Counsel (filed by T. Elliott).
May 23, 2005 Proposed Recommended Order of Kindred Hospital East, LLC d/b/a Kindred Hospital Bay Area-St. Petersburg filed.
May 23, 2005 Notice of Filling Recommended Order filed.
May 23, 2005 Recommended Order filed.
May 23, 2005 Healthsouth of Largo Limited Partnership`s Proposed Recommended Order filed.
May 23, 2005 Baycare`s Proposed Recommended Order filed.
May 19, 2005 Order Granting Extension of Time (proposed recommended orders due on or before May 23, 2005).
May 18, 2005 Unopposed Motion for One-day Extension of Time to File Proposed Recommended Orders filed.
May 06, 2005 Order Granting Motion for Enlargement of Time (proposed recommended orders due on or before May 20, 2005).
May 05, 2005 Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
May 04, 2005 Deposition of Mark Richardson filed.
May 04, 2005 Deposition of Jay Cushman filed.
May 04, 2005 Baycare`s Second Notice of Submission of Deposition Transcripts filed.
Mar. 10, 2005 Deposition (6) filed.
Mar. 10, 2005 Notice of Submission of Deposition Transcripts (filed by K. Putnal).
Feb. 16, 2005 Notice of Taking Depositions Duces Tecum filed.
Feb. 01, 2005 Notice of Appearance filed.
Feb. 01, 2005 Transcripts (8 volumes) filed.
Jan. 21, 2005 Order Cancelling Hearing.
Dec. 20, 2004 Notice of Hearing (hearing set for January 27, 2005; 9:30 a.m.; Tallahassee, FL.).
Dec. 20, 2004 Order (proposed recommended orders will be filed no later than March 1, 2005).
Nov. 29, 2004 CASE STATUS: Hearing Partially Held; continued to date not certain.
Nov. 24, 2004 UCH Prehearing Statement (filed via facsimile).
Nov. 16, 2004 Baycare`s Notice of Taking Deposition Duces Tecum (filed via facsimile).
Nov. 08, 2004 Baycare`s Notice of Taking Deposition (K. Konger) filed via facsimile.
Nov. 08, 2004 Healthsouth of Largo Limited Partnership`s Notice of Taking Deposition Duces Tecum (all scheduled witnesses at previously agreed to times) filed via facsimile.
Nov. 08, 2004 UCH`s Emergency Motion to Prohibit Telephone Deposition of Dr. Olenbach on November 16 (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 05, 2004 Confidentially Order.
Nov. 05, 2004 Notice of Taking Deposition Duces Tecum (via efiling by Patricia Renovitch).
Nov. 05, 2004 Baycare`s Notice of Taking Deposition Duces Tecum (D. Amin) filed via facsimile.
Nov. 05, 2004 Baycare`s Notice of Taking Deposition Duces Tecum (G. Greenspan) filed via facsimile.
Nov. 05, 2004 Notice of Taking Depositions Duces Tecum (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 04, 2004 Notice of Taking Deposition Duces Tecum (3 deponents) filed via facsimile.
Nov. 04, 2004 Notice of Taking Deposition Duces Tecum (17 Deponents) filed via facsimile.
Nov. 04, 2004 UCH`s Notice and Cross-notice of Taking Deposition Duces Tecum (representatives of UCH, Baycare, and Kindred) (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 04, 2004 Baycare`s Witness and Exhibit Lists (filed via facsimile).
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Responses and Objections to UCH`s First Request for Admissions to Healthsouth filed.
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Responses and Objections to Baycare`s First Request for Production of Documents filed.
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Responses and Objections to UCH`s Second Request for Production of Documents filed.
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Responses and Objections to UCH`s First Request for Production of Documents filed.
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Notice of Service of Responses and Objections to Baycare`s First Interrogatories filed.
Nov. 03, 2004 Healthsouth of Largo Limited Partnership`s Notice of Service of Responses and Objections to UCH`s First Interrogatories filed.
Nov. 03, 2004 Healthsouth`s Witness List filed.
Nov. 03, 2004 Healthsouth`s Exhibit List filed.
Nov. 03, 2004 Baycare`s Notice of Serving Answers to Kindred`s First Interrogatories (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 03, 2004 Baycare`s Notice of Serving Answers to UCH`s First and Second Interrogatories (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 03, 2004 UCH`s Witness and Exhibit List (filed in DOAH Case No. 04-3156CON).
Nov. 03, 2004 Notice of Service of UCH`s Answers to Baycare`s First Set of Interrogatories (filed in DOAH Case No. 04-3156CON).
Nov. 03, 2004 UCH`s Response to Baycare`s Written Discovery Requests (filed in DOAH Case No. 04-3156CON).
Nov. 03, 2004 UCH`s Response to Healthsouth`s Written Discovery Requests (filed in DOAH Case No. 04-3156CON).
Nov. 03, 2004 UCH`s Response to Healthsouth`s Written Discovery Requests (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 03, 2004 Kindreds Witness and Exhibit Lists (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Notice of Serving Responses and Objections to the First Set of Interrogatories from University Community Hospital Inc (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Responses and Objections to the First Request for Production of Documents from University of Community Hospital (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Notice of Service of Responses and Objections to the First Set of Interrogatories from BayCare Long Term Acute Care Inc (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Responses and Objections to Baycares Second Request for Production of Documents (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Responses and Objections to Baycares First Request for Production of Documents (via efiling by Patricia Renovitch).
Nov. 03, 2004 Kindreds Notice of Withdrawal of Petition to Intervene to Challenge University Community Hospital CON Application No. 9754 (via efiling by Patricia Renovitch).
Nov. 02, 2004 Facsimile Cover Sheet to Judge Pfeiffer from J. Hauser notifying of telephonic hearing to be held November 2, 2004 at 3:00 p.m. (filed via facsimile).
Nov. 02, 2004 (Proposed) Confidentiality Order (filed in DOAH Case No. 04-3156CON by J. Hauser via facsimile).
Nov. 02, 2004 UCH`s Response to Baycare`s Emergency Motion (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 02, 2004 Emergency Motion to Compel UCH to Disclose Time and Location of View of UCH Site (filed in DOAH Case No. 04-3156CON by R. Weiss).
Nov. 02, 2004 Notice of Telephonic Hearing (motions hearing set for November 2, 2004; at 3:00 p.m.) filed by R. Weiss via facsimile.
Nov. 02, 2004 (Proposed) Order (to memorialize ruling on UCH`s request for additional days to complete final hearing filed in DOAH Case No. 04-3156) filed by J. Hauser.
Nov. 02, 2004 (Proposed) Order (regarding rules for the inspection of Mease Hospital Dunedin filed in DOAH Case No. 04-3156) filed by J. Hauser.
Nov. 02, 2004 UCH`s Emergency Motion to Allow Telephonic Deposition of Jeff Newhams (filed in DOAH Case No. 04-3156CON via facsimile).
Nov. 01, 2004 (Proposed) Order (to memorialize ruling on UCH`s request for additional days to complete final hearing) filed by J. Hauser.
Nov. 01, 2004 (Proposed) Order Establishing Parameters for View (filed with letter of November 1, 2004, in DOAH Case No. 04-3156CON by K. Putnal).
Oct. 29, 2004 UCH`s Request to Reserve Additional Days to Complete Final Hearing (filed in DOAH Case Nos. 04-3156CON and 04-3157CON).
Oct. 29, 2004 Memorandum to Judge Pfeiffer from J. Hauser regarding modifications to proposed order (filed in DOAH Case No. 04-3156CON via facsimile).
Oct. 29, 2004 Letter to Judge Pfeiffer from K. Putnal objecting to UCH`s proposed order filed October 28, 2004 (filed in DOAH Case No. 04-3156CON).
Oct. 29, 2004 (Proposed) Order Establishing Parameters for View (filed in DOAH Case No. 04-3156CON by K. Putnal via facsimile).
Oct. 28, 2004 (Proposed) Order (regarding motion hearing held October 27, 2004) filed.
Oct. 27, 2004 UCH`s Reply to Joint Response to Motion for Prehearing Instructions (filed via facsimile).
Oct. 26, 2004 Notice of Telephonic Hearing (motion hearing set for October 27, 2004; at 10:00 a.m.) filed by J. Hauser.
Oct. 26, 2004 Joint Response to UCH`s Motion for Prehearing Instructions filed.
Oct. 25, 2004 Baycare`s Motion for 2-day Extension of Time to Produce Documents (filed via facsimile).
Oct. 25, 2004 Transcript of October 12, 2004, Pre-hearing Conference filed.
Oct. 25, 2004 Notice of Telephonic Hearing (via efiling by Patricia Renovitch).
Oct. 21, 2004 UCH`s Motion for Prehearing Instructions (filed by J. Hauser).
Oct. 18, 2004 UCH`s Supplement to Response in Opposition to Kindred`s Petition to Intervene (filed).
Oct. 18, 2004 Baycare`s Notice of Serving First Interrogatories to Healthsouth (filed via facsimile).
Oct. 18, 2004 Baycare`s Notice of Serving First Interrogatories to Kindred (filed via facsimile).
Oct. 18, 2004 Healthsouth of Largo Limited Partnership`s First Request for Production of Documents to University Community Hospital, Inc. (filed via facsimile).
Oct. 18, 2004 Healthsouth of Largo Limited Partnership`s First Request for Production of Documents to Baycare Long Term Care Hospital, Inc. (filed via facsimile).
Oct. 18, 2004 Baycare`s Notice of Adoption of UCH`s First Request to Produce and First Interrogatories to Kindred (filed via facsimile).
Oct. 18, 2004 Baycare`s Notice of Adoption of UCH`s First and Second Requests to Produce and First Interrogatories to Healthsouth (filed via facsimile).
Oct. 15, 2004 Kindred`s First Request for Production of Documents to Baycare Long Term Acute Care, Inc. (via efiling by Patricia Renovitch).
Oct. 15, 2004 Kindred`s Notice of Serving First Set of Interrogatoreis to BayCare Long Term Acute Care, Inc. (via efiling by Patricia Renovitch).
Oct. 15, 2004 Kindred`s First Request for Production of Documents to Baycare Long Term Acute Care, Inc. (via efiling by Patricia Renovitch).
Oct. 15, 2004 UCH`s Second Request for Production of Documents to Baycare filed.
Oct. 15, 2004 UCH`s First Request for Admissions to Baycare filed.
Oct. 15, 2004 UCH`s First Request for Admissions to Healthsouth filed.
Oct. 15, 2004 UCH`s First Request for Admissions to Kindred filed.
Oct. 15, 2004 Notice of Service of UCH`s Second Set of Interrogatories to Baycare filed.
Oct. 15, 2004 UCH`s Second Request for Production of Documents to Healthsouth filed.
Oct. 15, 2004 Notice of Telephonic Hearing (via efiling by Patricia Renovitch).
Oct. 13, 2004 Order Granting Petition to Intervene. (Healthsouth of Largo Limited Partnership, d/b/a Healthsouth Rehabilitation Hospital of Largo
Oct. 13, 2004 Order of Consolidation. Case No. 04-3133CON was added to the consolidated batch.
Oct. 11, 2004 UCH`s Response to Motion to Expedite Discovery (filed via facsimile).
Oct. 11, 2004 UCH`s Response in Opposition to Healthsouth`s Amended Petition to Intervene (filed).
Oct. 08, 2004 Notice of Service of UCH`s First Set of Interrogatories to Healthsouth filed.
Oct. 08, 2004 Notice of Service of UCH`s First Set of Interrogatories to Kindred filed.
Oct. 08, 2004 UCH`s First Request for Production of Documents to Healthsouth filed.
Oct. 08, 2004 UCH`s First Request for Production of Documents to Kindred filed.
Oct. 08, 2004 UCH`s Response in Opposition to Kindred`s Petition to Intervene (filed).
Oct. 07, 2004 UCH`s Request ot Enter Upon Land of Mease Hospital Dunedin for Inspection and Other Purposes filed.
Oct. 06, 2004 Healthsouth of Largo Limited Partnership`s Amended Petition to Intervene (filed by via facsimile).
Oct. 06, 2004 UCH`s First Request for Production of Documents to Baycare filed.
Oct. 06, 2004 Notice of Service of UCH`s First Set of Interrogatories to Baycare filed.
Oct. 05, 2004 Baycare`s Motion to Expedite UCH Responses to Baycare Discovery (filed via facsimile).
Oct. 05, 2004 Baycare`s Notice of Serving First Interrogatories to University Community Hospital, Inc. (filed via facsimile).
Oct. 05, 2004 Notice of Pre-hearing Conference. (pre-hearing conference will be held October 12, 2004, at 2:00pm)
Oct. 05, 2004 Kindred`s Notice of Service of Petition for Leave to Intervene (filed).
Oct. 05, 2004 Notice of Hearing (hearing set for November 29 through December 3, 6, and 7, 2004; 9:30 a.m.; Tallahassee, FL).
Oct. 01, 2004 Letter to L. Sloan from S. Cartwright enclosing the September 10, 2004, Response to Initial Order and regarding case consolidation (filed via facsimile).
Sep. 28, 2004 Notice of Pre-Hearing Conference. (pre-hearing conferrence will be held on Monday, October 4, 2004, at 2:00)
Sep. 24, 2004 Letter to r. Weiss from J. Hauser regarding availability for hearing filed.
Sep. 23, 2004 Order Granting Consolidation. (consolidated cases are: 04-003156CON, 04-003157CON)
Sep. 20, 2004 UCH`s Response in Opposition to Healthsouth`s Petition to Intervene filed.
Sep. 20, 2004 UCH`s Second Reply to Baycare`s Positions Regarding the Scheduling of this Final Hearing filed.
Sep. 17, 2004 Healtsouth of Largo Limited Partnership`s Unilateral Response to Initial Order (filed via facsimile).
Sep. 17, 2004 Supplemetal Response to Initial Order (filed by Petitioner via facsimile).
Sep. 15, 2004 UCH`s Reply to Baycare`s Response to Initial Order filed.
Sep. 14, 2004 Healthsouth of Largo Limited Parternership`s Petition to Intervene filed.
Sep. 14, 2004 Response to Initial Order (filed by Petitioner via facsimile).
Sep. 10, 2004 Joint Response to Initial Order filed by J. Hauser.
Sep. 08, 2004 UCH`s Unopposed Motion to Consolidate (cases requested 04-3156 CON and 04-3157 CON) filed by J. Hauser.
Sep. 08, 2004 Initial Order.
Sep. 02, 2004 Petition for Leave to Intervene (filed by Kindred Hospitals East, LLC d/b/a Kindred Hospital-Bay Area-Tampa and Transitional Hospitals Corporation of Tampa, Inc. d/b/a Kindred Hos[ital-Central Tampa).
Sep. 02, 2004 Pages from the Florida Administrative Weekly filed.
Sep. 02, 2004 Petition for Leave to Intervene (filed by Kindred Hospitals East, LLC).
Sep. 02, 2004 Order of Dismissal without Prejudice Pursuant to Sections 120.54 and 120.569, Florida Statues and Rules 28-106.111 and 28-106.201, Florida Administrative Code to allow for Amendment and Resubmission of Petition filed.
Sep. 02, 2004 Amended Petition for Formal Administrative Proceeding filed.
Sep. 02, 2004 Petition for Formal Administrative Proceeding filed.
Sep. 02, 2004 Notice (of Agency referral) filed.

Orders for Case No: 04-003156CON
Issue Date Document Summary
Apr. 11, 2006 Agency Final Order
Nov. 29, 2005 Recommended Order Two hospital systems sought to establish long-term acute care hospitals in Respondent`s District 5. Need was established for both under Section 408.035, Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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