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ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 09-001755CON (2009)

Court: Division of Administrative Hearings, Florida Number: 09-001755CON Visitors: 34
Petitioner: ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 03, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 28, 2009.

Latest Update: Nov. 04, 2009
Good Shepherd Hospice Inc v AHCA, Hope Hospice and Community Services Inc v AHCA and Compassionate Care Hospice of Miami Dade Inc, Odyssey Health Care of Collier County Inc v AHCA

/



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION GOOD SHEPHERD HOSPICE, INC.,


200 NOV - 3 A II: 11


vs.

Petitioner,

DOAH CASE NO.: 09-1753CON AHCA CASE NO.: 2009003916 CON NOS. 10036-10038


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent. /


HOPE HOSPICE AND COMMUNITY SERVICES, INC.,



vs.

Petitioner,

DOAH CASE NO.: 09-1754CON AHCA CASE NO.: 2009004034 CON NOS. 10036-10038


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and COMPASSIONATE CARE HOSPICE OF MIAMI-DADE, INC.,


Respondent.


ODYSSEY HEALTH CARE OF COLLIER COUNTY, INC.,


Petitioner,


Vs.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

DOAH CASE NO.: 09-1755CON AHCA CASE NO.: 2009003644 CON NOS. 10036-10038



Filed November 4, 2009 9:53 AM Division of Administrative Hearings.

FINAL ORDER


THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10036, which was filed by Compassionate Care Hospice of Miami-Dade, Inc. (hereinafter "Compassionate"), in the Second Batching Cycle of 2008, requesting a CON to establish a hospice program. Compassionate was the approved applicant.

On April 3, 2009, Good Shepherd Hospice, Inc. (hereinafter "Good Shepherd") filed a Petition for Formal Administrative Hearing challenging Agency's approval of CON 10036, which was forwarded by the Agency Clerk to the Division of Administrative Hearings ("DOAH").

On April 3, 2009, Hope Hospice and Community Services, Inc. (hereinafter "Hope") filed a Petition for Formal Administrative Hearing challenging Agency's approval of CON 10036, to Compassionate which was forwarded by the Agency Clerk to the Division of Administrative Hearings (" DOAH").

On April 3, 2009, Odyssey Health Care of Collier County Inc. (hereinafter "Odyssey") filed a Petition for Formal Administrative Hearing challenging Agency's approval of CON 10036 to Compassionate which was forwarded by the Agency Clerk to the Division of Administrative Hearings ("DOAH").

On April 15, 2009, the DOAH Case Nos. 09-1753CON, 09-1754CON,


and 09-1755CON were consolidated pursuant to Florida Administrative Code Rule 28-106.108 by the Administrative Law Judge.

On July 24, 2009, Odyssey filed a Notice of Voluntary Dismissal dismissing its challenge to the Agency's approval of CON #10036 to Compassionate. A copy of the Notice of Voluntary Dismissal is attached as Exhibit A.

On August 14, 2009, Hope and Good Shepherd each filed a Notice of Voluntary Dismissal with the Agency Clerk. A copy of the Notice of Voluntary Dismissal filed by Hope is attached as Exhibit B. A copy of the Notice of Voluntary Dismissal filed by Good Shepherd is attached as Exhibit C.

It is therefore ORDERED and ADJUDGED:


  1. The Notice of Voluntary Dismissal of Good Shepherd, Hope and Odyssey is acknowledged and accepted.

  2. Certificate of Need ("CON") Application No. 10036, which was filed by Compassionate Care Hospice of Miami-Dade, Inc. (hereinafter "Compassionate") is hereby approved.

  3. The above-styled case is hereby closed.

DONE and ORDERED this 70 day of acd"rJbe(L..

in Tallahassee, Florida.


, 2009,


THOMAS W. ARNOLD, 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 JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 THE 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. or interoffice mail to the persons named below on this ay of <zoo9.


>

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(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


Geoff D. Smith, Esquire Susan C. Smith, Esquire Timothy B. Elliott, Esquire Smith & Associates, P.A. 2873 Remington Green Circle Tallahassee, Florida 32308

Attorneys for Compassionate Care Hospice of Miami-Dade, Inc.


W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P.A. Post Office Box 15828

Tallahassee, Florida 32317-5828

Attorneys for Hope Hospice and Community Services


J. Robert Griffin, Esquire

J. Robert Griffin, P.A.

1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312

Attorney for Hope Hospice and Community Services


Mark A. Emanuele, Esquire Deborah S. Platz, Esquire Ross D. Kulberg, Esquire

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308

Attorneys for Odyssey Healthcare of Collier County, Inc.

Seann M. Frazier, Esquire Greenberg Traurig, P.A.

101 East College Avenue Tallahassee, Florida 32302

Attorney for Good Shepherd Hospice, Inc.


H. Darrell White, Esquire

Vice President/General Counsel HPC Healthcare, Inc.

12973 Telecom Parkway, Suite 100 Temple Terrace, Florida 33637

Attorney for Good Shepherd Hospice, Inc.


Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)


Janice Mills Government Analyst II Facilities Intake

Agency for Health Care Administration

  • 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308

(By Interoffice Mail)



STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


GOOD SHEPHERD HOSPICE, INC., )

)

Petitioner, )

vs. )

)

AGENCY FOR HEALTHCARE )

ADMINISTRATION, )

)

Respondent. )


Case No. 09-1753CON

)

HOPE HOSPICE AND COMMUNITY )

SERVICES, INC., )

)

Petitioner, )

vs. )

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION and ) COMPASSIONATE CARE HOSPICE OF ) MIAMI-DADE, INC., )

)

Respondents. )


Case No. 09-1754CON


I

i\

I

)

ODYSSEY HEALTH CARE OF COLLIER) l

COUNTY, INC., )

)


vs.

Petitioner,

) Case No. 09-l755CON

)

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)


NOTICE OF VOLUNTARY DISMISSAL


COMES NOW, Petitioner, Odyssey Healthcare of Collier County, Inc., by and through undersigned counsel, and hereby gives notice of the voluntary dismissal, with prejudice, of its Petition For Formal Administrative Hearing in the above-captioned case, and dismissal ofits CON

Application Number 10038.


Filed July 24, 2009 11:54 AM Division of Administrative Hearings.


EXHIBIT

I A

Respectfully submitted this a,[ ay of July, 2009.


#74

M manu FloridaB

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308


Attorneys for Odyssey Healthcare of Collier County, Inc.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that copies of the foregoing have been furnished by email to the following this 23rd day of July, 2009.


Richard Saliba

Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Building 3

Tallahassee, Florida 32308


Mark Emanuele Deborah S. Platz

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Ft. Lauderdale, Florida 33308


W. David Watkins

Watkins & Associates, P.A.

3051 Highland Oaks Terrace, Ste. D Tallahassee, FL 32308


Seann Frazier Greenberg Traurig, P.A.

101 East College Avenue Tallahassee, Florida 32301


2

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION GOOD SHEPHERD HOSPICE, INC.,

Petitioner,


v.


DOAH Case No. 09-1753CON t

AHCA Case No. 2009003916


AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent,

-------------------'

HOPE HOSPICE AND COMMUNITY SERVICES, INC.,


Petitioner,


V.


DOAH Case No. 09-1754CON AHCA Case No. 2009004034


AGENCY FOR HEALTH CARE ADMINISTRATION and COMPASSIONATE CARE HOSPICE OF MIAMI-DADE, INC.,


Respondents,

------------------'

HOPE HOSPICE AND COMMUNITY SERVICES, INC.'S NOTICE OF VOLUNTARY DISMISSAL


Petitioner, HOPE HOSPICE AND COMMUNITY SERVICES, INC., by and

through undersigned counsel, hereby files this notice of voluntary dismissal and

dismisses its petition.


RESPECTFULLY SUBMITTED this 14th day of August, 2009:


WATKINS & ASSOCIATES, P.A.

3051 Highland Oaks Terrace, Suite D

P. 0. Box 15828

Tallahassee, FL 32317-5828

(850) 671-2644 - Telephone

(850) 671-2732 - Facsimile


W. David Wa kins, Esq. Florida Bar No. 437190



B

EXHIBIT

Karl David Acuff, Esq. Florida Bar No. 587044


and


J. Robert Griffin, Esq.

1342 Timberlane Road, Suite 102-A Tallahassee, FL 32312


Counsel for Hope Hospice and Community Services, Inc.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that an original of the foregoing has been filed with the AHCA Clerk via Hand Delivery and served as indicated below this 14th day of August, 2009, to:


Richard J. Saliba, Esquire

Agency for Health Care Administration 2727 Mahan Drive, Building 3

Tallahassee, Florida 32308


Geoffrey D. Smith, Esquire Smith and Associates

2873 Remington Green Circle Tallahassee, Florida 32308


Seann M. Frazier GREENBERG TRAURIG, P.A.

101 E. College Avenue Post Office Drawer 1838 Tallahassee, FL 32302


H. Darrell White

Vice President and General Counsel HPC Healthcare, Inc.

12973 Telecom Parkway, Suite 100 Temple Terrace. Florida -33637

Via Electronic Mail


Via Electronic Mail


Via Electronic Mail


Via Electronic Mail


2


GOOD SHEPHERD HOSPICE, INC.



vs.

Petitioner,

FRAES No. 2009004034

CON Nos. 10036

10037

10038


STATE OF FLORIDA, AGENCY

FOR HEALTH CARE ADMINISTRATION,


Respondent.


NOTICE OF VOLUNTARY DISMISSAL


Good Shepherd Hospice, Inc. voluntarily dismisses its petition in this proceeding, with prejudice.

Dated this 14th day of August, 2009.


Seann M. Frazier, E . GREENBERG TRA IG, P.A.

101 E. College Avenue Post Office Drawer 1838 Tallahassee, FL 32302


and


H. Darrell White, Esq.

Vice President and General Counsel HPC Healthcare, Inc.

12973 Telecom Parkway, Suite 100 Temple Terrace, Florida 33637


Counsel for Good Shepherd Hospice, Inc. and LifePath Hospice, Inc.

EXHIBIT

IC-

CERTIFICATE OF SERVICE


I hereby certify that a true and correct copy of the foregoing has been provided to the following this 14th day of August, 2009:

Richard Saliba

Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Building 3

Tallahassee, FL 32308


David Watkins Karl Acuff

Watkins & Associates, P.A.

3051 Highland Oaks Terrace, Suite D

P.O. Box 15828

Tallahassee, Florida 32317-5828


Geoffrey D. Smith Susan Smith

Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32312


Mark A Emanuele

Panza, Maurer & Maynard, P.A.

3600 N. Federal Highway, Third Floor Fort Lauderdale, Florida 33308

J. Robert Griffin

1342 Timberlane Road Suite 102-A

Tallahassee, Florida 23212

Via Electronic & U.S. Mail


Via Electronic & U.S. Mail


Via Electronic & U.S. Mail


Via Electronic & U.S. Mail


Via Electronic & U.S. Mail


Seann M. Frazier, Es .


TAL 451,525,129v1 8-14-09


STATE OF FLORIDA FILED

AGENCY FOR HEALTH CARE ADMINISTRATION AHCA

AGE! CY CLERK

GOOD SHEPHERD HOSPICE, INC.,


Petitioner,


vs.


STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,


Respondent.


HOPE HOSPICE AND COMMUNITY SERVICES, INC.,


Petitioner,


vs.

zouq AUG \ 2 A 8: \ lt

DOAH CASE NO. 09-1753CON AHCA CASE NO. 2009003916 CON NOS. 10036-10038


DOAH CASE NO. 09-1754CON AHCA CASE NO. 2009004034 CON NOS. 10036-10038


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and COMPASSIONATE CARE HOSPICE OF MIAMI-DADE, INC.,


Respondent.


ODYSSEY HEALTH CARE OF COLLIER COUNTY, INC.,


Petitioner,


vs.


DOAH CASE NO. 09-1755CON AHCA CASE NO. 2009003644 CON NO. 10038


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION


Respondent.


FINAL ORDER


THIS CAUSE comes before the AGENCY FCWt\q mj,J\t2T 6:ftlR:t:

ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10038 which was filed by ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. (hereinafter "Odyssey") in the Second Batching Cycle of 2008, requesting a CON to establish a hospice program. The application was denied.

Thereafter, Odyssey timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings ("DOAH").

On July 24, 2009, Odyssey filed its voluntary dismissal of the DOAH case. Notice of Voluntary Dismissal is attached hereto as Exhibit A.

On July 28, 2009, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. Order Closing File is attached hereto as Exhibit B.

It is therefore ORDERED and ADJUDGED:


  1. The voluntary dismissal by Odyssey and the Order Closing File by DOAH are hereby acknowledged and accepted.

  2. CON Application No. 10038 is hereby denied.


  3. The above-styled case is hereby closed.


DONE and ORDERED this /O{j day of .. f- , 2009,


in Tallahassee, Florida.


HOLlYENSON,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 JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 THE 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. or interoffice mail to the persons named below on this /2 y of A5u.s: l'.:2009.

<==% -

RICHARD J. SHOOP, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(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


Geoff D. Smith, Esquire Susan C. Smith, Esquire Timothy B. Elliott, Esquire Smith & Associates, P.A. 2873 Remington Green Circle Tallahassee, Florida 32308

Attorneys for Compassionate Care Hospice of Miami-Dade, Inc.


W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P.A. Post Office Box 15828

Tallahassee, Florida 32317-5828

Attorneys for Hope Hospice and Community Services


J. Robert Griffin, Esquire

J. Robert Griffin, P.A.

1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312

Attorney for Hope Hospice and Community Services


Mark A. Emanuele, Esquire Deborah S. Platz, Esquire Ross D. Kulberg, Esquire

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308

Attorneys for Odyssey Healthcare of Collier County, Inc.


Seann M. Frazier, Esquire Greenberg Traurig, P.A.

101 East College Avenue Tallahassee, Florida 32302

Attorney for Good Shepherd Hospice, Inc.


H. Darrell White, Esquire

Vice President/General Counsel HPC Healthcare, Inc.

12973 Telecom Parkway, Suite 100 Temple Terrace, Florida 33637

Attorney for Good Shepherd Hospice, Inc.


Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)


Elizabeth Dudek Deputy Secretary

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #9

Tallahassee, Florida 32308 (By Interoffice Mail)


Janice Mills Government Analyst II Facilities Intake

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


GOOD SHEPHERD HOSPICE, INC., )

)

Petitioner, )

vs. )

)

AGENCY FOR HEALTHCARE )

ADMINISTRATION, )

)

Respondent. )


Case No. 09-1753CON

)

HOPE HOSPICE AND COMMUNITY ) SERVICES, INC., )

)

Petitioner, )

vs. )

)

AGENCY FOR HEALTHCARE )

ADMINISTRATION and ) COMPASSIONATE CARE HOSPICE OF ) MIAMI-DADE, INC., )

)

Respondents. )


Case No. 09-1754CON

) ODYSSEY HEALTH CARE OF COLLIER) COUNTY, INC., )

)


vs.

Petitioner,

) Case No. 09-1755CON

)

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)


NOTICE OF VOLUNTARY DISMISSAL


COMES NOW, Petitioner, Odyssey Healthcare of Collier County, Inc., by and through undersigned counsel, and hereby gives notice of the voluntary dismissal, with prejudice, of its Petition For Formal Administrative Hearing in the above-captioned case, and dismissal of its CON Application Number 10038.


Filed July 24, 2009 11:54 AM Division of Administrative Hearings.

EXHIBIT

i f)


Respectfully submitted this ail ay of July, 2009.


Mmanu ,

FloridaB

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308


Attorneys for Odyssey Healthcare of Collier County, Inc.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that copies of the foregoing have been furnished by email to the following this 23rd day of July, 2009.


Richard Saliba

Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Building 3

Tallahassee, Florida 32308


Mark Emanuele Deborah S. Platz

Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Ft. Lauderdale, Florida 33308


W. David Watkins

Watkins & Associates, P.A.

3051 Highland Oaks Terrace, Ste. D Tallahassee, FL 32308


Seann Frazier Greenberg Traurig, P.A.

101 East College Avenue Tallahassee, Florida 32301


2


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


GOOD SHEPHERD HOSPICE, INC., )

)

Petitioner, )

)

vs. )

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)

HOPE HOSPICE AND COMMUNITY ) SERVICES, INC., )

)

Petitioner, )

)

vs. )

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION and ) COMPASSIONATE CARE HOSPICE OF ) MIAMI-DADE, INC., )

)

Respondents. )

)

ODYSSEY HEALTH CARE FO COLLIER ) COUNTY, INC., )

)

Petitioner, )

)

vs. )

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)


Case No. 09-1753CON


Case No. 09-1754CON


Case No. 09-1755CON


EXHIBIT

I B


ORDER CLOSING FILE


This cause having come before the Administrative Law Judge on the Notice of Voluntary Dismissal of Petitioner, Odyssey Healthcare of Collier County, Inc., filed on July 24, 2009, and the undersigned being fully advised, it is, therefore,


ORDERED that:


  1. The final hearing in this cause scheduled for September 1 through 4, 9 through 11, 14 through 18, 21, 22 and

    28 through 30, 2009, is hereby canceled in Case No. 09-1755CON.


  2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Agency for Health Care Administration.


DONE AND ORDERED this 28th day of July, 2009, in Tallahassee, Leon County, Florida.


DAVID M. MALONEY

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 2009.


COPIES FURNISHED:


J. Robert Griffin, Esquire

J. Robert Griffin, P.A.

1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762



Richard Joseph Saliba, Esquire

Agency for Health Care Administration

2727 Mahan Drive, Building 3, Mail Station 3

Tallahassee, Florida 32308


W. David Watkins, Esquire Watkins & Associates, P.A. Post Office Box 15828 Tallahassee, Florida 32317-582


Geoffrey D. Smith, Esquire Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32308


Docket for Case No: 09-001755CON
Issue Date Proceedings
Nov. 04, 2009 Final Order filed.
Jul. 28, 2009 Order Closing File. CASE CLOSED.
Jul. 24, 2009 Good Shepherd Hospice, Inc.'s Notice of Withdrawal of Motion for Sanctions Against Odyssey Healthcare of Collier County, Inc filed.
Jul. 24, 2009 Odyssey Health Care of Collier County, Inc.'s Response to Good Shepherd's Motion for Sanctions filed.
Jul. 24, 2009 Notice of Voluntary Dismissal filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Motion for Sanctions against Odyssey Healthcare of Collier County, Inc. filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Notice of Cancellation of Deposition filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of P. Schaeffer) filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of M. Possible) filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of J. Alley) filed.
Jul. 23, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of P. Seileg) filed.
Jul. 17, 2009 Order (motion is denied as premature for the reasons outlined in Compassionate Care's response).
Jul. 16, 2009 Good Shepherd Hospice, Inc.'s Response to Odyssey Healthcare of Collier County, Inc. First Request for Production of Documents filed.
Jul. 16, 2009 Compassionate Care's Notice of Taking Depositions Duces Tecum filed.
Jul. 16, 2009 Second Request for Production of Documents to Good Shepherd filed.
Jul. 16, 2009 Second Request for Production of Documents to Hope filed.
Jul. 16, 2009 Compassionate Care Notice of Taking Deposition filed.
Jul. 16, 2009 Compassionate Care's Notice of Taking Depositions Duces Tecum filed.
Jul. 16, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of M. Heching) filed.
Jul. 16, 2009 Odyssey's Response to Good Shepherd Hospice, Inc.'s Motion to Strike Witnesses filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Service of Answers to Odyssey Healthcare of Collier County, Inc.'s First Interrogatories filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of R. Knapp) filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of R. Cole) filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of J. Howard) filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of M. Richardson) filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of B. Belger) filed.
Jul. 15, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of D. Allison) filed.
Jul. 15, 2009 Compassionate Care's Cross Notice of Taking Depositions filed.
Jul. 14, 2009 Odyssey Healthcare of Collier County, Inc.'s Motion for Entry of a Protective Order filed.
Jul. 14, 2009 Compassionate Care's Response in Opposition to Good Shepherd's Motion to Strike Witnesses filed.
Jul. 14, 2009 Odyssey Healthcare of Collier County, Inc.'s Motion for a Two Day Extension of Time in which to Respond to Good Shepherd's Motion to Strike Witnesses filed.
Jul. 08, 2009 Order Granting Extension of Time (Compassionate Care shall respond to Good Shepherd Hospice, Inc.'s Motion to Strike Witnesses no later than July 14, 2009).
Jul. 07, 2009 Compassionate Care's Motion for Extension of Time to Respond to Motion to Strike Witnesses filed.
Jul. 06, 2009 Good Shepherd Hospice, Inc.'s Motion to Strike Witnesses filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Response to Good Shepherd Hospice, Inc.'s First Request for Production of Documents filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Response to Hope Hospice and Community Services, Inc.'s First Request for Production of Documents filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Response to Compassionate Care Hospice of Miami-Dade, Inc.'s First Request for Production of Documents filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Notice of Service of Unexecuted Responses to Compassionate Care Hospice of Miami-Dade, Inc.'s First Set of Interrogatories filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Notice of Service of Unexecuted Responses to Hope Hospice and Community Services, Inc.'s First Set of Interrogatories filed.
Jul. 02, 2009 Odyssey HealthCare of Collier County, Inc.'s Notice of Service of Unexecuted Responses to Good Shepherd Hospice, Inc.'s First Set of Interrogatories filed.
Jul. 01, 2009 Hope Hospice and Community Services, Inc.'s Answers to the First Request for Production from Odyssey Healthcare of Collier County, Inc. filed.
Jul. 01, 2009 Notice of Service of Answers to Interrogatories filed.
Jun. 30, 2009 Compassionate Care's Final Witness List filed.
Jun. 30, 2009 Odyssey Health Care of Collier County Inc.'s Final Witness List filed.
Jun. 30, 2009 Hope Hospice and Community Services, Inc.'s Final Witness List filed.
Jun. 30, 2009 Good Shepherd Hospice, Inc.'s Final Witness List filed.
Jun. 29, 2009 Good Shepherd Hospice, Inc.'s Notice of Service of its Response to Compassionate Care Hospice of Miami-Dade, Inc. First Set of Interrogatories filed.
Jun. 29, 2009 Good Shepherd Hospice, Inc.'s Response to Compassionate Care Hospice of Miami-Dade, Inc.'s First Request for Production of Documents filed.
Jun. 29, 2009 Notice of Unavailability filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of J. Alley) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of D. Depietropaolo) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of J. Grey) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of S. Hardy) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of C. Cuthbert-Allman) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of T. Sheets) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of L. Montalvo) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of D. Kohlschmidt) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of L. Tatum) filed.
Jun. 25, 2009 Good Shepherd Hospice, Inc.'s Notice of Taking Deposition Duces Tecum (of M. Mullink) filed.
Jun. 24, 2009 Compassionate Care's Response to Good Shepherd's Second Request for Production of Documents filed.
Jun. 24, 2009 Compassionate Care's Response to Good Shepherd's First Request for Production of Documents filed.
Jun. 24, 2009 Compassionate Care's Notice of Serving Answer to Good Shepherd's First Interrogatories (Unexecuted) filed.
Jun. 24, 2009 Odyssey HealthCare of Collier County, Inc.'s Motion for a One Week Extension of Time in which to File Responses to Compassionate Care Hospice of Miami-Dade, Inc. Request for Production and First Set of Interrogatories filed.
Jun. 19, 2009 Hope Hospice and Community Services, Inc.'s Preliminary Witness List (filed in Case No. 09-1754CON).
Jun. 19, 2009 Compassionate Care's Preliminary Witness List filed.
Jun. 19, 2009 Good Shepherd Hospice, Inc.'s Preliminary Witness List filed.
Jun. 19, 2009 Odyssey Health Care of Collier County, Inc.'s Prelininary [sic] Witness List filed.
Jun. 17, 2009 Compassionate Care's Response to Hope's First Request for Production of Documents filed.
Jun. 17, 2009 Compassionate Care's Notice of Serving Answers to Hope's First Interrogatories (Unexecuted) filed.
Jun. 16, 2009 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Jun. 16, 2009 Order (Odyssey's Amended Motion to Abate or in the Alternative Bifurcate is denied).
Jun. 12, 2009 Odyssey's Motion for Leave of Court to File a Reply to Good Shepherd's, Hope's, and Compassionate's Responses to Amend Motion to Abate or in the Alternative Bifurcate filed.
Jun. 02, 2009 Good Shepherd Hospice, Inc.'s Response to Amended Motion to Abate or in the Alternative Bifurcate filed.
Jun. 02, 2009 Hope Hospice's Response to Amended Motion to Abate or in the Alternative Bifurcate (filed in Case No. 09-1754CON).
Jun. 02, 2009 Compassionate Care's Response In Opposition to Odyssey's Amended Motion to Abate or in the Alternative Bifurcate filed.
Jun. 02, 2009 Order of Pre-hearing Instructions.
May 29, 2009 (Proposed) Order of Pre-hearing Instructions filed.
May 29, 2009 Notice of Filing Proposed Order of Pre-hearing Instructions filed.
May 28, 2009 Compassionate Care's Response to Odyssey's First Request for Production of Documents filed.
May 28, 2009 Compassionate Care's Notice of Serving Answers to Odyssey's First Interrogatories (Unexecuted) filed.
May 26, 2009 Amended Motion to Abate or in the Alternative Bifurcate (As to Paragraph 22 Only) filed.
May 22, 2009 Order (Motion to Abate or in the Alternative to Bifurcate is denied).
May 21, 2009 Motion to Abate or in the Alternative to Bifurcate filed.
May 19, 2009 Order Granting Extension of Time (joint proposed order of pre-hearing instructions to be filed by May 29, 2009).
May 18, 2009 Unopposed Motion for Extension of Time to File Draft Order of Pre-hearing Instructions filed.
May 14, 2009 Notice of Unavailability filed.
May 11, 2009 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to Good Shepherd Hospice, Inc. filed.
May 11, 2009 Notice of Service of Odyssey Healthcare of Collier County, Inc.`s First Set of Interrogatories to Hope Hospice and Community Services, Inc. filed.
May 11, 2009 Hope Hospice and Community Services, Inc.`s Answers to the First Request for Production from Compassionate Care Hospice of Miami-Dade, Inc. filed.
May 11, 2009 Notice of Service of Answers to Interrogatories filed.
May 11, 2009 Compassionate Care`s First Request for Production of Documents to Odyssey Health Care of Collier County, Inc. filed.
May 11, 2009 Notice of Service of Compassionate Care`s First Set of Interrogatories to Odyssey Health Care of Collier County, Inc. filed.
May 08, 2009 Notice of Appearance (filed by S. Smith).
Apr. 28, 2009 Odyssey Healthcare of Collier County, Inc.`s First Request for Production of Documents to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 28, 2009 Notice of Service of Odyssey Health Care of Collier County, Inc.`s First Set of Interrogatories to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 27, 2009 Odyssey Health Care of Collier County, Inc.`s First Request for Production of Documents to Good Shepherd Hospice, Inc. filed.
Apr. 27, 2009 Odyssey Health Care of Collier County, Inc.`s First Request for Production of Documents to Hope Hospice and Community Services, Inc. filed.
Apr. 27, 2009 Notice of Appearance (filed by M. Emanuele).
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s Corrected Notice of Service of Interrogatories to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s Corrected Notice of Service of Interrogatories to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s Notice of Service of Interrogatories to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s Notice of Service of Interrogatories to Odyssey Healthcare of Collier County, Inc., Inc. filed.
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s First Requests for Production of Documents to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 24, 2009 Hope Hospice and Community Services, Inc.`s First Requests for Production of Documents to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 20, 2009 Good Shepherd Hospice, Inc.`s Second Request for Production of Documents to Compassionate Care Hospice of Miami-Dade, Inc. filed.
Apr. 17, 2009 Good Shepherd Hospice, Inc.`s Notice of Service of First Interrogatories to Odyssey Healthcare of Collier County, Inc. filed.
Apr. 17, 2009 Good Shepherd Hospice, Inc.`s Request for Production of Documents to Odyssey Healthcare of Collier County-Dade, Inc. filed.
Apr. 17, 2009 Order (all discovery shall be completed at least 15 days before the start of the final hearing).
Apr. 17, 2009 Notice of Hearing (hearing set for September 1 through 4, 9 through 11, 14 through 18, 21, 22 and 28 through 30, 2009; 9:00 a.m.; Tallahassee, FL).
Apr. 16, 2009 Joint Response to Initial Order filed.
Apr. 15, 2009 Joint Motion for an Extension of Time to file the Response to the Initial Order filed.
Apr. 15, 2009 Order of Consolidation (DOAH Case Nos. 09-1753CON, 09-1754CON, and 09-1755CON).
Apr. 10, 2009 Motion to Consolidate filed.
Apr. 10, 2009 Petition Challenging Co-Batched Applicants filed.
Apr. 10, 2009 Notice of Appearance (Geoffrey Smith) filed.
Apr. 06, 2009 Initial Order.
Apr. 03, 2009 Notice of Related Cases filed. (DOAH Case No.`s 09-1753CON, 09-1754CON, and 09-1755CON)
Apr. 03, 2009 Odyssey Health Care of Collier County, Inc., Petition for Formal Administrative Hearing filed.
Apr. 03, 2009 Notice (of Agency referral) filed.

Orders for Case No: 09-001755CON
Issue Date Document Summary
Aug. 12, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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