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HOPE HOSPICE AND COMMUNITY SERVICES, INC., F/K/A HOPE OF SOUTHWEST FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 07-001654CON (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001654CON Visitors: 18
Petitioner: HOPE HOSPICE AND COMMUNITY SERVICES, INC., F/K/A HOPE OF SOUTHWEST FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 11, 2007
Status: Closed
Recommended Order on Monday, March 3, 2008.

Latest Update: Jan. 22, 2009
Summary: Which of two applications for a Certificate of Need (CON) to operate a hospice in Service Area 8B, Collier County, Florida, should be granted: CON 9967 filed by Hope Hospice and Community Services, Inc., or CON 9969 filed by VITAS Healthcare Corporation of Florida?With need in Collier County stipulated, VITAS is the superior applicant to Hope Hospice primarily because of adverse impact Hope`s application would have on the existing provider.
AGENCY FOR HEALTH CARE ADMINIS STATE OF FLORIDA faa ce TRioiph) RENDITION NO.: AHCA-08- 037 O0BARRN-3 py 3. ae APR - CON NOS. 9967 & 9969 HOSPICE OF NAPLES, INC., Petitioner, VS. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. HOPE HOSPICE AND COMMUNITY SERVICES, INC., f/k/a HOPE OF SOUTHWEST FLORIDA, INC. Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / VITAS HEALTHCARE CORPORATION OF FLORIDA, : Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; EVERCARE HOSPICE OF COLLIER COUNTY, INC.; HCR MANOR CARE SERVICES OF FLORIDA, INC.; HOPE OF SOUTHWEST FLORIDA, INC.; AND ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., Respondents. OIVISION oF ADMINISTRATIVE HEARWOG VE DOAH CASE NO. 07-1264CON AHCA NO. 2007002739 DOAH CASE NO. 07-1654CON AHCA NO. 2007003710 DOAH CASE NO. 07-1656CON AHCA CASE NO. 2007003709 Loe Qg . AY (4 "FINAL ORDER Up “ a This case was referred to the Division of Administrative Hearings oi e ‘bey Gh assigned Administrative Law Judge (ALJ), David M. Maloney, conducted ‘oa administrative hearing. At issue in this proceeding is which of two applications for a Certificate . of Need (CON) to operate a hospice in Service Area 8B, Collier County, Florida, should be approved: CON 9967 filed by Hope Hospice and Community Services, Inc. (“Hope”), or CON 9969 filed by Vitas Healthcare Corporation of Florida (“Vitas”). The Recommended Order dated March 3, 2008 is attached to this final order and incorporated herein by reference, except where noted infra. RULINGS ON EXCEPTIONS Hospice of Naples, Inc. (“HON”) was the only party that filed exceptions. In Exception 1, HON took exception to portions of the Preliminary Statement on Page 4 of the Recommended Order, arguing that it incorrectly characterized HON’s petition for hearing. The Agency will treat HON’s exception as a motion to correct a scrivener’s error which it will grant. Thus, the third paragraph on Page 4 of the Recommended Order shall be changed to state: Timely petitions challenging the Agency's action in the SAAR were filed by HON (as to approval of any of the applications), Hope (as to approval of VITAS' application and denial of its own), HCR (as to approval of VITAS' application and denial of its own) and Odyssey (as to approval of VITAS' application and denial of its own.) In Exception 2, HON took exception to the findings of fact in Paragraphs 31, 33 and 37 of the Recommended Order, to the extent that the paragraphs contained scrivener’s errors that incorrectly reflected the service area in question as “Service Area 8A” instead of Service Area 8B. The Agency will treat HON’s Exception 2 as a motion to correct a scrivener’s error, which it will grant. Thus, Paragraphs 31, 33 and 37 of the Recommended Order shall be corrected to reflect that the correct service area in question is Service Area 8B. In Exception 3, HON took exception to the finding of fact in Paragraph 59 of the Recommended Order, wherein the. ALJ found that “HON has one of the lowest nurse to patient ratios in Collier County....” HON argued that the record evidence reflected that HON had one of the lowest nurse-to-patient ratios in the country, not just in Collier County. A review of the record indicated that HON’s argument was correct. See HON Exhibit 11. Therefore, Exception 3 is granted and Paragraph 59 of the Recommended Order shall be changed to state: 59. HON has one of the lowest nurse to patient ratios in the country: 1 nurse to every 11 patients in home care and 1 nurse to every 4 patients in GIP. These lower ratios mean more care at the bedside and more support for the patient and family. 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, Vitas’ CON application No. 9969 is approved, and Hope’s CON application No. 9967 is denied. DONE and ORDERED thishoy of pn [ , 2008, in Tallahassee, Florida. eS ” HOLLY BENSON, 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 SS day of Ape Z , 2008. RICHARD J. SHOOP, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308-5403 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert D. Newell, Jr., Esquire Newell, Terry & Douglas, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Geoffrey D. Smith, Esquire Smith & Associates, P.A. 2873 Remington Green Circle Tallahassee, Florida 32308 W. David Watkins, Esquire Watkins & Associates, P.A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Karin M. Byrne, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Elizabeth Dudek Health Quality Assurance

Docket for Case No: 07-001654CON
Issue Date Proceedings
Jan. 22, 2009 Final Order filed.
Mar. 03, 2008 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 03, 2008 Recommended Order (hearing held August 13-16, 20-24, and 27-31 and September 4-6 and 11, 2007). CASE CLOSED.
Dec. 11, 2007 Letter to Judge Maloney from K. Acuff regarding attached pages 69 and 74 of Hope Hospice and Community Services, Inc.`s Proposed Recommended Order filed.
Dec. 10, 2007 Hope Hospice and Community Services, Inc.`s Notice of Filing its Proposed Recommended Order filed.
Dec. 10, 2007 Hope Hospice and Community Services, Inc.`s Proposed Recommended Order filed.
Dec. 10, 2007 Hospice of Naples, Inc.`s Proposed Recommended Order filed.
Dec. 10, 2007 Recommended Order Proposed by the Agency for Health Care Administration filed.
Dec. 10, 2007 (Vitas` Healthcare Corporation of Florida`s proposed) Recommended Order filed.
Dec. 10, 2007 Vitas` Notice of Filing Proposed Recommended Order filed.
Dec. 07, 2007 Amended Motion of Agency for Health Care Administration for a One-Business-Day Extension of Time to File Proposed Recommended Orders and Request for Expedited Ruling filed.
Dec. 07, 2007 Order Granting Extension of Time (proposed recommended orders to be filed by December 10, 2007).
Dec. 06, 2007 Agency for Health Care Administration`s Motion for a One-Business-Day Extension of Time to File Proposed Recommended Orders and Request for Expedited Ruling filed.
Nov. 09, 2007 Corrections to volume 5 Transcript lines 9 and 10 filed.
Nov. 06, 2007 Letter to Judge Maloney from S. Nargiz regarding enclosed corrections of page 91 to Volume 1 filed.
Nov. 06, 2007 Order Granting Extension of Time (proposed recommended orders to be filed by December 7, 2007).
Oct. 31, 2007 Motion for Enlargement of Time to File Proposed Recommended Orders filed.
Sep. 28, 2007 Hospice of Naples` Response and Objections to Hope`s Notice of Designation of Deposition Transcript Excerpts for Receipt into Evidence filed.
Sep. 28, 2007 Vitas` Response and Objections to Hope`s Notice of Designation of Deposition Transcript Excerpts for Receipt into Evidence filed.
Sep. 27, 2007 Transcript (31 Volumes) filed.
Sep. 24, 2007 Vita`s Response to Hope Hospice and Community Services, Inc.`s Objections to Portions of the Depositions and Exhibits Tendered into Evidence by Vitas filed.
Sep. 21, 2007 Hope`s Notice of Designation of Deposition Transcript Excerpts for Receipt into Evidence filed.
Sep. 11, 2007 Notice of Filing Late Exhibit (exhibit not available for viewing) filed.
Sep. 11, 2007 Vita`s Objections to Hope`s Exhibits 140-176, 178-180, and 184-187 filed.
Aug. 20, 2007 Hope Hospice and Community Services, Inc.`s Objections to Portions of the Depositions and Exhibits Tendered into Evidence by Vitas filed.
Aug. 17, 2007 Hope Hospice and Community Services, Inc.`s Response in Opposition to Hospice of Naples` Motion to Compel filed.
Aug. 17, 2007 Affidavit of Jill Lampley filed.
Aug. 13, 2007 CASE STATUS: Hearing Held.
Aug. 10, 2007 Joint Pre-hearing Stipulation filed.
Aug. 10, 2007 Vitas` Objections as to Authenticity of Exhibits filed.
Aug. 10, 2007 Motion to Compel Production of Documents (signed) filed.
Aug. 09, 2007 Motion to Compel Production of Documents (unsigned) filed.
Aug. 02, 2007 Vitas` Notice of Taking Telephone Deposition Duces Tecum filed.
Aug. 01, 2007 Hospice of Naples, Inc.`s Amended Final Witness List filed.
Aug. 01, 2007 Order Granting Extension of Time (parties` pre-hearing stipulation to be filed by August 10, 2007).
Jul. 31, 2007 Notice of Taking Deposition to Perpetuate Testimony at Formal Hearing filed.
Jul. 31, 2007 Notice of Taking Deposition to Perpetuate Testimony at Formal Hearing filed.
Jul. 31, 2007 Motion for Extension of Time to Complete Prehearing Stipulation and Notice of Prehearing Conference filed.
Jul. 30, 2007 Hope`s Written Response to Vitas` Fourth Request to Produce filed.
Jul. 24, 2007 Vitas` Notice of Taking Telephone Deposition Duces Tecum filed.
Jul. 24, 2007 Hope Hospice and Community Services, Inc.`s Written Response and Objections to Hospice of Naples, Inc.`s Second Request for Production filed.
Jul. 24, 2007 Hope`s Notice of Taking Depositions Duces Tecum filed.
Jul. 24, 2007 Hope`s Notice of Taking Depositions Duces Tecum filed.
Jul. 23, 2007 Notice of Unavailability filed.
Jul. 19, 2007 Vitas` Notice of Taking Deposition Duces Tecum filed.
Jul. 19, 2007 Hope Hospice and Community Services, Inc.`s Written Response (Objection) to VITAS Notice of Deposition Duces Tecum filed.
Jul. 18, 2007 Vitas` Notice of Taking Deposition Duces Tecum filed.
Jul. 18, 2007 Notice of Transfer.
Jul. 13, 2007 Hope`s Notice of Taking Depositions filed.
Jul. 13, 2007 Vitas` Notice of Taking Telephone Depositions filed.
Jul. 13, 2007 Vitas` Notice of Taking Depositions filed.
Jul. 12, 2007 Vitas` Notice of Taking Telephone Deposition filed.
Jul. 09, 2007 Hope`s Amended Notice of Taking Deposition Duces Tecum filed.
Jul. 09, 2007 Order.
Jul. 09, 2007 Amended Notice of Taking Deposition filed.
Jul. 09, 2007 Vitas` Amended Notice of Taking Depositions filed.
Jul. 06, 2007 Hope Hospice and Community Services, Inc.`s Response to VITAS Motion to Compel filed.
Jul. 05, 2007 Notice of Taking Deposition filed.
Jul. 05, 2007 Hope`s Notice of Taking Deposition Duces Tecum filed.
Jul. 05, 2007 Vitas` Notice of Taking Depositions Duces Tecum filed.
Jul. 05, 2007 Vitas` Notice of Taking Depositions filed.
Jul. 03, 2007 Notice of Intent to Amend Final Witness List filed.
Jul. 03, 2007 The Agency for Health Care Administration`s Final Witness and Exhibit List filed.
Jul. 02, 2007 Vitas` Final Witness List filed.
Jul. 02, 2007 Hospice of Naples, Inc.`s Final Witness List filed.
Jul. 02, 2007 Hope`s Final Witness List filed.
Jun. 29, 2007 Vitas` Motion for Order Compelling Production and Requiring Expedited Response to Request for Production filed.
Jun. 29, 2007 Vitas` Response to Hope`s Motion to Compel filed.
Jun. 28, 2007 Vitas` Fourth Request to Produce to Hope Hospice and Community Services, Inc. f/k/a Hope of Southwest Florida, Inc. filed.
Jun. 28, 2007 Hope`s Response to Vitas` Second Amended Notice of Taking Deposition Duces Tecum (as to Samira Beckwith) filed.
Jun. 27, 2007 Vitas` Notice of Taking Telephone Deposition filed.
Jun. 27, 2007 Vitas` Second Amended Notice of Taking Deposition filed.
Jun. 26, 2007 Vitas` Amended Notice of Taking Telephone Deposition filed.
Jun. 26, 2007 Vitas` Second Amended Notice of Taking Deposition Duces Tecum (as to Samira Beckwith) filed.
Jun. 26, 2007 Hope`s Notice of Taking Deposition Duces Tecum filed.
Jun. 25, 2007 Order (motion to quash is granted to the extent that no later than 5:00 p.m. on June 28, 2007, Hope shall produce copies of the daily census for the past two years for each hospice house owned or operated by Hope).
Jun. 25, 2007 Vitas` Second Amended Preliminary Witness List filed.
Jun. 25, 2007 CASE STATUS: Motion Hearing Held.
Jun. 25, 2007 Hope Hospice and Community Services, Inc.`s Answers to Vitas` Second [sic] Request to Produce filed.
Jun. 25, 2007 Hope Hospice and Community Services, Inc.`s Motion to Quash Vitas Deposition Notice and Written Response to the Duces Tecum Requests Filed by Hospice of Naples and Vitas filed.
Jun. 25, 2007 Hope`s Motion to Quash VITAS` Notice of Taking Depositions and Written Response to the Duces Tecum Requests filed by Hospice of Naples and VITAS filed.
Jun. 25, 2007 Hope`s Motion to Quash VITAS Deposition Notice and Written Response to Hospice of Naples and VITAS Duces Tecum (filed in Case No. 07-001654CON).
Jun. 25, 2007 Hope Hospice`s Motion to Quash VITAS Deposition Notice and Written Response to the Duces Tecum Requests filed by Hospice of Naples and VITAS filed.
Jun. 25, 2007 Hope Hospice`s Motion to Quash VITAS Deposition Notice and Written Response to the Duces Tecum Requests filed by Hospice of Naples and VITAS filed.
Jun. 25, 2007 Hope Hospice`s Motion to Quash VITAS Deposition Notice and Written Response to the Duces Tecum Requests filed by Hospice of Naples and VITAS filed.
Jun. 22, 2007 Hope`s Motion for Order Compelling Productioni and Requiring Expedited Response to Request for Production filed.
Jun. 22, 2007 Hope`s Amended Preliminary Witness List filed.
Jun. 22, 2007 Vitas` Amended Notice of Taking Deposition Duces Tecum filed.
Jun. 22, 2007 Vitas` Amended Notice of Taking Depositions Duces Tecum filed.
Jun. 22, 2007 Vitas` Notice of Taking Deposition(s) Duces Tecum of Hope`s Corporate Representative(s) filed.
Jun. 22, 2007 Vitas` Notice of Taking Telephone Depositions of (R. Watson and H. Westbrook) filed.
Jun. 22, 2007 Vitas` Notice of Taking Depositions Duces Tecum filed.
Jun. 22, 2007 Notice of Taking Deposition Duces Tecum (D. Pichard, Martha Bryson, T. Granchi, T. Duncombe, and D. Wenninger) filed.
Jun. 22, 2007 Hospice of Naples, Inc.`s Second Request for Production of Documents to Hope Hospice and Community Services, Inc. filed.
Jun. 15, 2007 Order (motion to compel is denied).
Jun. 15, 2007 Hope`s Notice of Taking Depositions filed.
Jun. 15, 2007 Hope Hospice and Community Services, Inc.`s Response to Hospice of Naples, Inc.`s Motion to Compel Production of Documents filed.
Jun. 14, 2007 Amended Notice of Hearing (hearing set for August 13 through 15, 20 through 24, 27 through 31 and September 4 through 6, 2007; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Jun. 12, 2007 Amended Notice of Hearing (hearing set for August 13 through 15, 20 through 24, 27 through 31 and September 4 through 6, 2007; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Jun. 12, 2007 Vitas` Amended Notice of Taking Depositions (R. Hall, R. Wolf, and H. Brown) filed.
Jun. 11, 2007 Vitas` Notice of Taking Depositions filed.
Jun. 08, 2007 Motion to Compel Production of Documents filed.
Jun. 08, 2007 Notice of Appearance as Co-counsel (filed by D. Terry).
Jun. 07, 2007 Vitas` Notice of Taking Depositions filed.
Jun. 06, 2007 Agreed Deposition Schedule filed.
Jun. 05, 2007 Hope Hospice and Community Services, Inc.`s First Request for Copies to Vitas Healthcare Corporation of Florida, Inc. and Hospice of Naples, Inc. filed.
Jun. 05, 2007 Vitas` Amended Preliminary Witness List filed.
Jun. 05, 2007 Odyssey Healthcare of Collier County, Inc.`s Notice of Voluntary Dismissal filed.
Jun. 04, 2007 Hope Hospice and Community Services, Inc.`s Answers to Vitas` Second Request to Produce filed.
Jun. 01, 2007 Hospice of Naples, Inc.`s Preliminary Witness List filed.
Jun. 01, 2007 Hope`s Preliminary Witness List filed.
Jun. 01, 2007 Vitas` Preliminary Witness List filed.
May 31, 2007 The Agency for Health Care Administratiion`s Witness and Exhibit List filed.
May 31, 2007 Order (on or before June 1, 2007, HON shall identify witnesses who are specifically identified in Hope`s Notice and other witnesses who are responsive to the inquiries listed).
May 31, 2007 CASE STATUS: Motion Hearing Held.
May 31, 2007 HCR Manor Care Services of Florida, Inc.`s Notice of Voluntary Dismissal filed.
May 30, 2007 Motion for Protective Order filed.
May 30, 2007 Notice of Telephonic Hearing (May 31, 2007, at 9:00 a.m.) filed.
May 30, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s Response to Vitas Healthcare Corporation of Central Florida`s First Request for Production of Documents filed.
May 30, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s Response to Hope Hospice and Community Services, Inc.`s First Request for Production of Documents filed.
May 29, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s Response to HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents filed.
May 29, 2007 Order (Motion for Protective Order filed by Vitas Healthcare is granted based in part on counsel`s representations as to the unavailability of counsel to attend some or all of the depositions.
May 29, 2007 Amended Notice of Hearing (hearing set for August 13 through 17, 20 through 24 and 27 through 31, 2007; 9:00 a.m.; Tallahassee, FL; amended as to dates).
May 29, 2007 CASE STATUS: Motion Hearing Held.
May 25, 2007 Transcript filed.
May 25, 2007 Hope Hospice and Community Services, Inc.`s Response to Vitas Healthcare Corporation`s Motion for Protection Order filed.
May 25, 2007 Amended Notice of Telephonic Hearing Correcting Date of Hearing and Clarifying Telephone Dial-In Number filed.
May 25, 2007 Vitas` Second Request to Produce to Hope Hospice and Community Services, Inc. f/k/a Hope of Southwest Florida, Inc. (filed under case no. 07-1264CON) filed.
May 25, 2007 Notice of Telephonic Pre-Hearing Conference filed.
May 25, 2007 Notice of Telephonic Hearing filed.
May 24, 2007 Motion for Protective Order filed.
May 24, 2007 Hope Hospice and Community Services, Inc.`s Notice of Service of Answers (Unexecuted) to the First Interrogatories from Odyssey HEalthcare of Collier County, Inc. filed.
May 23, 2007 Notice of Service of the Agency for Health Care Administration`s Responses to Odyssey Healthcare of Collier County, Inc.`s First Request for Admissions filed.
May 23, 2007 Vitas` Responses to Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents filed.
May 23, 2007 Vitas` Notice of Serving Answers to Odyssey`s First Interrogatories (Unexecuted) filed.
May 23, 2007 Notice of Service of the Agency for Healthcare Administration`s Responses to Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories filed.
May 23, 2007 Hope Hospice and Community Services, Inc.`s Answers to the First Request for Production from Odyssey Healthcare of Collier County, Inc. filed.
May 22, 2007 Notice of Service Odyssey Healthcare of Collier County, Inc.`s Response to Hope Hospice and Community Service, Inc.`s First Set of Interrogatories filed.
May 21, 2007 Notice of Service of HCR Manor Care Services of Florida, Inc.`s Answers to Hope Hospice and Community Services Inc.`s First Interrogatories filed.
May 21, 2007 HCR Manor Care Services of Florida, Inc.`s Responses to Hope of Southwest Florida, Inc.`s First Request for Production of Documents filed.
May 21, 2007 Vitas` Responses to HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents filed.
May 21, 2007 Hope Hospice and Community Services, Inc.`s Notice of Service of Answers (unexecuted) to the First Interrogatories from Hospice of Naples, Inc. filed.
May 21, 2007 Hope Hospice and Community Services, Inc.`s Answers to the First Request for Production from Hospice of Naples, Inc. filed.
May 21, 2007 Hope Hospice and Community Services, Inc.`s Answers to the First Request for Production from HCR Manor Care Services of Florida, Inc. filed.
May 18, 2007 Vitas` Notice of Serving Answers to Hope Hospice`s First Interrogatories (Unexecuted) filed.
May 18, 2007 Vitas` Responses to Hope Hospice and Community Services, Inc. f/k/a Hope of Southwest Florida, Inc.`s First Requests for Production of Documents filed.
May 18, 2007 Hospice of Naples, Inc.`s Notice of Service of Answers to Hope Hospice and Community Services, Inc.`s First Set of Interrogatories to Hospice of Naples filed.
May 18, 2007 Hospice of Naples, Inc.`s Response to Hope Hospice and Community Services, Inc.`s First Request for Production of Documents filed.
May 18, 2007 Hope`s Notice of Taking Depositions (VITAS Healthcare Corp., Odyssey Healthcare, HCR Manor Care) filed.
May 17, 2007 HCR Manor Care Services of Florida, Inc.`s Responses to Vitas Healthcare Corporation of Florida`s First Request for Production of Documents filed.
May 17, 2007 Notice of Service of HCR Manor Care Services of Florida, Inc.`s Answers to Vitas` First Interrogatories filed.
May 17, 2007 Hope Hospice of Collier County, INC.`s Notice of Service of Answers (Unexecuted) to the First Interrogatoriesfrom Vitas Healthcare Corporation of Florida filed.
May 17, 2007 Hope`s Notice of Taking Deposition Duces Tecum filed.
May 17, 2007 Hope Hospice and Community Services, Inc.`s Answers to the First Request for Production from Vitas Healthcare Corporation of Florida, Inc. filed.
May 17, 2007 Amended Notice of Taking Depositions Duces Tecum filed.
May 16, 2007 Hopes`s Response to HoN`s Duces Tecum Request filed.
May 14, 2007 (Hope`s) Cross Notice of Taking Depositions Duces Tecum filed.
May 14, 2007 Cross Notice of Taking Depositions Duces Tecum filed.
May 11, 2007 CASE STATUS: Motion Hearing Held.
May 11, 2007 Order (Hope`s Motion for Protective Order regarding the production of documents referred to in HON`s Notice is granted in part).
May 10, 2007 Hospice of Naples` Motion to Quash Hope`s Second Amended Notice of Taking Deposition filed.
May 10, 2007 Hospice of Naples, Inc.`s Response to Hope`s Motion for Protective Order filed.
May 09, 2007 Motion for an Enlargement of Time to File Response to Hope of Southwest Florida, Inc.`s First Set of Interrogatories filed.
May 09, 2007 Hope`s Second Amended Notice of Taking Depositions filed.
May 08, 2007 Notice of Telephonic Hearing filed.
May 07, 2007 Hope`s Amended Notice of Taking Depositions filed.
May 04, 2007 Cross Notice of Taking Deposition Duces Tecum filed.
May 04, 2007 Vistas` Second Request to Produce to Hope Hospice and Community Services, Inc., f/k/a Hope of Southwest Florida, Inc. filed.
May 04, 2007 Vistas` Second Request to Produce to Odyssey Healthcare of Collier County, Inc. filed.
May 04, 2007 Notice of Unavailability filed.
May 04, 2007 Hope Hospice and Community Services, Inc.`s Motion for Protective Order filed.
May 04, 2007 Hope`s Notice of Taking Depositions filed.
May 04, 2007 Notice of Taking Deposition Duces Tecum filed.
May 04, 2007 Vitas` Second Request to Produce to HCR Manor Care Services of Florida, Inc. filed.
May 04, 2007 Notice of Unavailability filed.
May 04, 2007 Vitas` Cross Notice of Taking Deposition Duces Tecum filed.
May 03, 2007 CASE STATUS: Pre-Hearing Conference Held.
Apr. 27, 2007 Notice of Telephonic Pre-hearing Conference filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to Hospice of Naples, Inc. filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents to Hospice of Naples, Inc. filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to Agency for Healthcare Administration filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents to Vista Healthcare Corporation of Florida filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Request for Admissions to the Agency for Healthcare Administrative filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents to HCR Manor Care Services of Florida, Inc. filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to HCR Manor Care Services of Florida, Inc., filed.
Apr. 25, 2007 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to Hope of Southwest Florida, Inc., filed.
Apr. 24, 2007 Notice of Appearance and Substitution of Counsel (filed by K. Byrne).
Apr. 20, 2007 Notice of Taking Depositions Duces Tecum filed.
Apr. 20, 2007 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to Vitas Healthcare Corporation of Florida, Inc. filed.
Apr. 20, 2007 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 20, 2007 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Apr. 19, 2007 Hope Hospice and Community Services, Inc.`s First Requests for Production of Documents to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 19, 2007 Hospice of Naples, Inc.`s First Request for Production of Documents to Hope Hospice and Community Services, Inc. filed.
Apr. 19, 2007 Hope Hospice and Community Services, Inc.`s First Requests for Production of Documents to HCR Manor Care Services of Florida, Inc. filed.
Apr. 19, 2007 Notice of Service of Hospice of Naples, Inc.`s First Set of Interrogatories to Hope Hospice and Community Services, Inc filed.
Apr. 19, 2007 Hope Hospice and Community Setvices, Inc.`s Notice of Service of Interrogatories to HCR Manor Care Services of Florida, Inc. filed.
Apr. 19, 2007 Hope Hospice and Community Services, Inc.`s Notice of Service of Interrogatories to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 18, 2007 Hope Hospice and Community Services, Inc.`s Notice of Service of Interrogatories to Hospice of Naples, Inc. filed.
Apr. 18, 2007 Hope Hospice and Community Services, Inc.`s First Request for Production of Documents to Vitas Healthcare Corporation of Florida, Inc. filed.
Apr. 18, 2007 Hope Hospice and Community Services, Inc.`s First Request for Production of Documents to Hospice of Naples, Inc. filed.
Apr. 18, 2007 Hope Hospice and Community Services, Inc.`s Notice of Service of Interrogatories to Vitas Healthcare Corporation of Florida filed.
Apr. 17, 2007 Vitas` Notice of Serving First Interrogatories to Hope Hospice and Community Services, Inc., filed.
Apr. 17, 2007 Vitas` Notice of Serving First Interrogatories to HCR Manor Care Services of Florida, Inc., filed.
Apr. 17, 2007 Vitas` First Request to Produce to HCR Manor Care Services of Florida, Inc., filed.
Apr. 17, 2007 Vitas` First Request to Produce to Hope Hospice and Community Services, Inc. f/k/a Hope of Southwest Florida, Inc., filed.
Apr. 17, 2007 Vitas` Notice of Serving First Interrogatories to Odyssey Healthcare of Collier County, Inc., filed.
Apr. 17, 2007 Vitas` First Request to Produce to Odyssey Healthcare of Collier County, Inc., filed.
Apr. 17, 2007 Vitas` First Request for Production of Documents to Hospice of Naples, Inc. filed.
Apr. 17, 2007 Vitas` Notice of Service First Interrogatories to Hospice of Naples, Inc. filed.
Apr. 17, 2007 Notice of Hearing (hearing set for August 6 through 10, 13 through 17 and 20 through 24, 2007; 9:00 a.m.; Tallahassee, FL).
Apr. 17, 2007 Order of Pre-hearing Instructions.
Apr. 17, 2007 Order of Consolidation (DOAH Case Nos. 07-1264CON, 07-1653CON, 07-1654CON, 07-1655CON, and 07-1656CON).
Apr. 12, 2007 Initial Order.
Apr. 11, 2007 Notice of Related Petitions (DOAH Case Nos. 07-1653CON, 07-1654, 07-1655, and 07-1656) filed.
Apr. 11, 2007 Certificate of Need Decisions on Batched Applications filed.
Apr. 11, 2007 Petition for Formal Administrative Proceeding filed.
Apr. 11, 2007 Notice (of Agency referral) filed.

Orders for Case No: 07-001654CON
Issue Date Document Summary
Apr. 03, 2008 Agency Final Order
Mar. 03, 2008 Recommended Order With need in Collier County stipulated, VITAS is the superior applicant to Hope Hospice primarily because of adverse impact Hope`s application would have on the existing provider.
Source:  Florida - Division of Administrative Hearings

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