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BAY HOSPITAL, INC., D/B/A GULF COAST MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 13-000162CON (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000162CON Visitors: 17
Petitioner: BAY HOSPITAL, INC., D/B/A GULF COAST MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JAMES H. PETERSON, III
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 14, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 8, 2013.

Latest Update: Nov. 04, 2013
13000162AFO

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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


TALLAHASSEE MEDICAL CENTER, INC., d/b/a CAPITAL REGIONAL MEDICAL CENT ER ,

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AGfJ!CY C LER \

ZOIJ NOV - I P 12: 20


Petitioner,


V.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

DOAH No. 13-0159CON AHCA No. 2013000322

CON 10157


Respondent.


and


HEALTHSOUTH REHABILITATION HOSPITAL OF TALLAHASSEE, LLC ,


Intervenor.

                                                                         I


BAY HOSPITAL, INC. d/b/a

GULF COAST MEDIC AL CENTER,


Petition e r,


V.


ST ATE OF FLORI DA, AG ENC Y FOR HEALTH CAR E ADMINISTRATION,

DOAH No. 13-0162CON AHCA No. 2013000320

CON No. 10156


Respondent.


and


LAKESHORE SYSTEM SERVICES OF FLORIDA, INC , d/b/a HEALTHSOUTH EMERALD COAST REHABILITATION HOS PITAL,


Intervenor.

                                                                         I


Filed November 4, 2013 10:50 AM Division of Administrative Hearings

FINAL ORDER


THIS CAUSE comes before the State of Florida, Agency for Health Care Administration, ("the Agency") regarding certificate of need ("CON") application number 10157 filed by Tallahassee Medical Center, Inc. d/b/a Capital Regional Medical Center ("CRMC") and CON application number 10156 filed by Bay Hospital. Inc. d/b/a Gulf Coast Medical Center ("GCMC').

  1. CRMC filed a CON application which sought the establishment of a 12-bed comprehensive medical rehabilitation unit within its hospital located in Leon County, Florida, Service District 2. The Agency denied CRMC's CON application 10157.

  2. GCMC filed a CON application which sought the establishment of a 20-bed comprehensive medical rehabilitation unit within its hospital located in Bay County. Florida, Service District 2. The Agency denied GCMC' s CON application 10156.

  3. Both parties filed a petition for formal hearing challenging the Agency's denials of their respective CON applications.

  4. Both parties have since voluntarily dismissed their petitions for formal hearing.


  5. Based upon these voluntary dismissals, the Division of Administrative Hearings entered an Order Closing Files in the above styled matter.

    IT IS THEREFORE ORDERED:


  6. The denial of CRMC's CON application 10157 is UPHELD.


  7. The denial of GCMC's CON application 10156 is UPHELD.


ORDERED in Tallahassee, Florida on thi day of                                   , 2013.


Eliza , Secretary

Agency Ith 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 AHCJ\. 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. Mail or electronic mail to the persons named below on this _L?day


Richard .I. Shoop, Agency _. er

Agency for I Icalth Care Administration 2727 Mahan Drive. Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630


Janice Mills Facilities Intake Unit

Agency for Health Care Administration

(Electronic Mail)

James McLemore, Supervisor Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)

James H. Peterson, III Lorraine M. Novak, Esquire

Administrative Law Judge Assistant General Counsel

Division of Administrative Hearings Agency for Health Care Administration (Electronic Mail) (Electronic Mail) --- ------- ---

Stephen A. Ecenia, Esquire R. Terry Rigsby, Esquire

R. David Prescott, Esquire Pennington, Moore, Wilkinson, Bell

Rutledge Ecenia, P.A. & Dunbar, P.A.

119 South Monroe Street, Suite 202 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32302 Tallahassee, Florida 32301

Counsel for CRMC and GCMC Counsel for HealthSouth

(U.S.  Mail) -------·..-------- ----- -- (U.S.  Mail)         _          _ _                           _



Docket for Case No: 13-000162CON
Issue Date Proceedings
Nov. 04, 2013 Agency Final Order filed.
Nov. 04, 2013 Agency Final Order filed.
May 08, 2013 Order Closing Files. CASE CLOSED.
May 06, 2013 Notice of Voluntary Dismissal in Case No. 13-0159 filed.
May 06, 2013 Notice of Voluntary Dismissal in Case No. 13-0162 (filed in Case No. 13-000162CON).
May 03, 2013 Healthsouth Rehabilitation Hospital of Tallahassee, LLC and Lakeshore System Services of Florida, Inc., d/b/a Healthsouth Emerald Coast Rehabilitation Hospital's Preliminary Witness List filed.
Apr. 11, 2013 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Mar. 22, 2013 Lakeshore System Services of Florida, Inc. d/b/a Healthsouth Emerald Coast Rehabilitation Hospital's Notice of Service of First Set of Interrogatories to Bay Hospital, Inc. d/b/a Gulf Coast Medical Center (filed in Case No. 13-000162CON).
Mar. 22, 2013 Lakeshore System Services of Florida, Inc. d/b/a Healthsouth Emerald Coast Rehabilitation Hospital's First Request for Production of Documents to Bay Hospital, Inc. d/b/a Gulf Coast Medical Center (filed in Case No. 13-000162CON).
Mar. 22, 2013 Healthsouth Rehabilitation Hospital of Tallahassee, LLC's First Request for Production of Documents to Tallahassee Medical Center, Inc. d/b/a Capital Regional Medical Center filed.
Mar. 22, 2013 Healthsouth Rehabilitation Hospital of Tallahassee, LLC's Notice of Service of First Set of Interrogatories to Tallahassee Medical Center, Inc. d/b/a Capital Regional Medical Center filed.
Mar. 22, 2013 Capital Regional Medical Center's First Request for Production of Documents to Healthsouth Rehabilitation Hospital of Tallahassee, LLC filed.
Mar. 22, 2013 Capital Regional Medical Center's Notice of Service of First Interrogatories to Healthsouth Rehabilitation Hospital of Tallahassee filed.
Mar. 22, 2013 Gulf Coast Medical Center's First Request for Production of Documents to Healthsouth Emerald Coast Rehabilitation Hospital filed.
Mar. 22, 2013 Gulf Coast Medical Center's Notice of Service of First Interrogatories to Healthsouth Emerald Coast Rehabilitation Hospital filed.
Mar. 13, 2013 Order of Pre-hearing Instructions.
Mar. 11, 2013 Joint Response to Order Requesting Proposed Order of Pre-hearing Instructions filed.
Feb. 08, 2013 Order Requesting Proposed Order of Pre-hearing Instructions.
Feb. 08, 2013 Notice of Hearing (hearing set for July 15 through 19 and 22 through 26, 2013; 9:30 a.m.; Tallahassee, FL).
Feb. 08, 2013 Order of Consolidation (DOAH Case Nos. 13-0159CON and 13-0162CON).
Feb. 07, 2013 Joint Response to Initial Order filed.
Feb. 01, 2013 Order Granting Extension of Time.
Feb. 01, 2013 Order Granting Petition to Intervene.
Jan. 28, 2013 Unopposed Motion for Extension of Time to File Response to Initial Order filed.
Jan. 17, 2013 Initial Order.
Jan. 15, 2013 Petition for Leave to Intervene (filed by Lakeshore System Services of Florida, Inc. d/b/a HealthSouth Emreald Coast Rehabilitation Hospital) filed.
Jan. 14, 2013 Agency action letter filed.
Jan. 14, 2013 Petition for Formal Administrative Proceeding filed.
Jan. 14, 2013 Notice (of Agency referral) filed.

Orders for Case No: 13-000162CON
Issue Date Document Summary
Nov. 01, 2013 Agency Final Order
Nov. 01, 2013 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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