STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

PREMIER BEHAVIORAL SOLUTIONS OF FLORIDA, INC. d/b/a

MANATEE PALMS YOUTH SERVICES,

ZOIZ APR -6 A IQ: 00

vs.

Petitioner,

DOAH CASE NO.: 10-5430 CON AHCA CASE NO.: 2010007133 CON NO.: 10075

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK CHILDREN'S INC.,

Respondents.

ST. JOSEPH'S HOSPITAL, INC. d/b/a ST. JOSEPH'S HOSPITAL,

vs.

Petitioner,

DOAH CASE NO. 10-6468 CON AHCA CASE NO.: 2010007402 CON NO.: 10075

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK CHILDREN'S INC.,

Respondents.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10075, in the First Batching Cycle of 2010, which was preliminarily awarded to TEN BROECK CHLDREN'S, INC. ("Ten Broeck") requesting to establish a 10-bed child/adolescent psychiatric hospital.

Filed April 6, 2012 1:31 PM Division of Administrative Hearings

On July 14, 2010, PREMIER BEHAVIORAL SOLUTIONS OF FLORIDA,

INC. d/b/a MANATEE PALMS YOUTH SERVICES ("Manatee Palms") filed a petition for formal hearing challenging the Agency's preliminary award to Ten Broeck. The matter was referred to the Division of Administrative Hearings ("DOAH") and assigned DOAH Case No. 10-5430 CON.

On July 16, 2010, ST. JOSEPH'S HOSPITAL, INC. d/b/a ST. JOSEPH'S

HOSPITAL ("St. Josephs") filed a petition for formal hearing also challenging the Agency's preliminary award of CON 10075 to Ten Broeck. The matter was assigned to DOAH and assigned DOAH Case No. 10-6468 CON.

On July 30, 2010, the Administrative Law Judge ("AU") issued an Order of Consolidating DOAH Case Nos. 10-5430 CON and 10-6468 CON.

On March 23, 2012, Ten Broeck filed a Notice of Withdrawal of CON Application and Suggestion of Mootness.

On March 30, 2012, the AU issued an Order Closing Files.

It is therefore ORDERED:

1. Ten Broeck's CON Application is WITHDRAWN.

   
   

2. The above-styled cases are closed.

ORDERED in Tallahassee, Florida, on this 1_ day of April, 2012,

Elizabeth udek, Secretary

Agency Fo 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 Final Order has been furnished to the persons named below by the method designated on

this

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6

-=-- day of April, 2012.

Richard J. Shoop, Agenc

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

Tallahassee, Florida 32308

(850) 412-3630

James H. Peterson, III Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

R. David Prescott, Esquire Stephen A. Ecenia, Esquire

J. Stephen Menton, Esquire Rutledge, Ecenia and Purnell, P.A. 119 South Monroe Street, Suite 202 Tallahassee, Florida 32302-0551

Attorneys for Ten Broeck Children's, Inc. (U.S. Mail)

Geoffrey D. Smith, Esquire Susan Crystal Smith, Esquire Smith and Associates

2834 Remington Green Circle, Suite 201

Tallahassee, Florida 32308

Attorneys for Manatee Palms Youth Services (U.S. Mail)

Robert A. Weiss, Esquire Karen Ann Putnal, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 118 North Gadsden Street, Suite 200

Tallahassee, Florida 32301 Attorneys for St. Joseph's Hospital (U.S. Mail)

Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice Mills

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 10-006468CON

Orders for Case No: 10-006468CON