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GENESIS REHABILITATION HOSPITAL, INC., D/B/A BROOKS REHABILITATION HOSPITAL vs ORANGE PARK MEDICAL CENTER, INC., D/B/A ORANGE PARK MEDICAL CENTER, AND AGENCY FOR HEALTH CARE ADMINISTRATION, 13-000164CON (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000164CON Visitors: 16
Petitioner: GENESIS REHABILITATION HOSPITAL, INC., D/B/A BROOKS REHABILITATION HOSPITAL
Respondent: ORANGE PARK MEDICAL CENTER, INC., D/B/A ORANGE PARK MEDICAL CENTER, AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
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 Friday, December 20, 2013.

Latest Update: Jan. 28, 2014
13000164AFO

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


GENESIS REHABILITATION HOSPITAL, INC. d/b/a BROOKS REHABILITATION HOSPITAL,

FILED

AHCA

AGENCY CLERK

2014 JAN 21 P I: 53


Petitioner,


V.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and ORANGE PARK MEDICAL CENTER, INC.,


Respondents.

./

DOAH NO. 13-0164CON

CON NO. 10160

AHCA No. 2013000318

RENDITION NO.: AHCA- If- oass -S-OLC



FINAL ORDER


THIS CAUSE comes before the State of Florida, Agency for Health Care Administration ("the Agency") regarding certificate of need ("CON") application number 10160 filed by Orange Park Medical Center, Inc. ("Orange Park") which sought to establish a 20-bed comprehensive medical rehabilitation ("CMR") unit in its hospital located in Orange Park, Florida, District 4.


  1. The Agency approved Orange Park' s CON application 10160.


  2. Genesis Rehabilitation Hospital, Inc. d/b/a Brooks Rehabilitation Hospital ("Brooks") filed a petition for formal hearing challenging the Agency's preliminary approval of CON application number 10160.


  3. The parties have entered into the attached Settlement Agreement, which is adopted and incorporated into this Final Order. (Ex. 1)

    IT IS THEREFORE ORDERED:


  4. The approval of Orange Park's CON application number 10160 is UPHELD subject to the conditions outlined in the application and the terms of the executed settlement.


ORDERED in Tallahassee, Florida on this day of                                      , 2014.





ek, Secretary

ealth Care Administration

Filed January 28, 2014 3:16 PM Division of Administrative Hearings

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 Orc!gdlas been furnished!: U.S. Mail or electronic mail to the persons named below on this l ay of

) / ,2014.

/  


Richard J. Shoop, Agency Clerk Agency for Health 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)

Lorraine M. Novak, Esquire

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

Tallahassee, Florida 32308 (Electronic Mail)

Stephen A. Ecenia, Esquire Rutledge Ecenia, P.A.

Post Office Box 551 Tallahassee, Florida 32301 Steve@reuphlaw.com

(Electronic Mail)

John D. C. Newton, II Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

Stephen C. Emmanuel, Esquire Ausley & McMullen

123 South Calhoun Street Tallahassee, Florida 32301 Semmanuel@ausley.com

(Electronic Mail)



2


Docket for Case No: 13-000164CON
Issue Date Proceedings
Jan. 28, 2014 Agency Final Order filed.
Dec. 20, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 19, 2013 Joint Motion for Entry of Order Relinquishing Jurisdiction and Closing DOAH File filed.
Nov. 13, 2013 CASE STATUS: Status Conference Held.
Nov. 07, 2013 Notice of Telephonic Status Conference (status conference set for November 13, 2013; 11:00 a.m.).
Aug. 22, 2013 Notice of Hearing (hearing set for January 27 through 31 and February 3 through 7, 2014; 9:00 a.m.; Tallahassee, FL).
Aug. 22, 2013 Amended Order of Pre-hearing Instructions.
Aug. 20, 2013 Third Joint Status Report and Request for Continued Abeyance filed.
Jul. 18, 2013 Third Order of Abatement (parties to advise status by August 20, 2013).
Jul. 17, 2013 Second Joint Status Report and Request for Continued Abeyance filed.
Jun. 17, 2013 Second Order of Abatement (parties to advise status by July 17, 2013).
Jun. 10, 2013 CASE STATUS: Status Conference Held.
Jun. 06, 2013 Notice of Telephonic Status Conference (status conference set for June 10, 2013; 9:30 a.m.).
Jun. 06, 2013 Joint Status Report and Request for Continued Abeyance filed.
May 07, 2013 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by June 10, 2013).
May 06, 2013 Unopposed Joint Motion for Continuance and to Place Case in Abeyance filed.
May 01, 2013 Orange Park Medical Center's Final Witness List filed.
May 01, 2013 Notice of Taking Deposition to Preserve Testimony (of M. Gilligan) filed.
May 01, 2013 Brooks Rehabilitation Hospital's Notice of Taking Deposition (of G. Stanley and R. Kitchen) filed.
May 01, 2013 Notice of Taking Deposition Duces Tecum (of D. Weiner) filed.
May 01, 2013 Brooks Rehabilitation Hospital's Amended Notice of Taking Deposition (of T. Pentz) filed.
Apr. 30, 2013 Notice of Taking Depositions (of M. Spigel and T. Paris) filed.
Apr. 30, 2013 Notice of Taking Deposition (of B. Greene) filed.
Apr. 29, 2013 Notice of Taking Deposition to Preserve Testimony filed.
Apr. 26, 2013 Orange Park Medical Center's First Amended Preliminary Witness List filed.
Apr. 24, 2013 Notice of Taking Deposition (of D. Sullivan) filed.
Apr. 22, 2013 Notice of Appearance (Eugene Rivers) filed.
Apr. 19, 2013 Brooks Rehabilitation Hospital's Amended Preliminary Witness List filed.
Apr. 19, 2013 Brooks Rehabilitation Hospital's Notice of Taking Deposition (of T. Pentz) filed.
Apr. 19, 2013 Notice of Taking Depositions (of M. Edwards, M. Gilligan, A. Udekwu, and I. Rodriguez) filed.
Apr. 15, 2013 Brooks Rehabilitation Hospital's First Request for Admissions to Agency for Health Care Administration filed.
Apr. 15, 2013 Brooks Rehabilitation Hospital's Second Request for Admissions to Orange Park Medical Center filed.
Apr. 04, 2013 Notice of Telephonic Pre-hearing Conference (set for May 29, 2013; 9:00 a.m.).
Apr. 02, 2013 Brooks Rehabilitation Hospital's First Request for Admissions to Orange Park Medical Center, Inc. filed.
Apr. 01, 2013 Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Fourth Request for Production of Documents filed.
Mar. 25, 2013 Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Third Request for Production of Documents filed.
Mar. 22, 2013 Orange Park Medical Center's Preliminary Witness List filed.
Mar. 22, 2013 Brooks Rehabilitation Hospital's Preliminary Witness List filed.
Mar. 14, 2013 Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Second Request for Production of Documents filed.
Mar. 14, 2013 Orange Park Medical Center's Notice of Service of Answers and Objections to Brooks Rehabilitation Hospital's Second Set of Interrogatories filed.
Mar. 08, 2013 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Mar. 01, 2013 Brooks Rehabilitation Hospital's Fourth Request for Production of Documents to Orange Park Medical Center filed.
Feb. 26, 2013 Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's First Request for Production of Documents filed.
Feb. 26, 2013 Orange Park Medical Center's Notice of Answers and Objections to Brooks Rehabilitation Hospital's First Set of Interrogatories filed.
Feb. 22, 2013 Brooks' Response to Orange Park's First Request for Production of Documents filed.
Feb. 22, 2013 Brooks Rehabilitation Hospital's Notice of Service of Responses to Orange Park Medical Center's First Set of Interrogatories filed.
Feb. 21, 2013 Brooks Rehabilitation Hospital's Third Request for Production of Documents to Orange Park Medical Center filed.
Feb. 19, 2013 Order of Pre-hearing Instructions.
Feb. 18, 2013 Joint Response to Order Requesting Proposed Order of Pre-hearing Instructions filed.
Feb. 08, 2013 Brooks Rehabilitation Hospital's Second Request for Production of Documents to Orange Park Medical Center filed.
Feb. 08, 2013 Brooks Rehabilitation Hospital's Notice of Service of Second Set of Interrogatories to Orange Park Medical Center filed.
Feb. 08, 2013 Orange Park Medical Center's First Request for Production of Documents to Brooks Rehabilitation Hospital filed.
Feb. 08, 2013 Notice of Service of First Interrogatories to Brooks Rehabilitation Hospital filed.
Feb. 08, 2013 Notice of Appearance (filed by Stephen Ecenia, R. Prescott, and Rick Ellis) filed.
Feb. 08, 2013 Notice of Filing (Notice of Appearance, Notice of Service of Orange Park Medical Center, Inc.'s First Set of Interrogatories to Brooks Rehabilitation Hospital, and Orange Park Medical Center, Inc.'s First Request for Production of Documents to Brooks Rehabilitation Hospital) filed.
Feb. 06, 2013 Notice of Appearance (filed by R. Prescott) filed.
Feb. 05, 2013 Order Granting Extension of Time.
Feb. 05, 2013 Unopposed Joint Motion for Extension of Time to File Proposed Pre Hearing Order filed.
Jan. 30, 2013 Order Requesting Proposed Order of Pre-hearing Instructions.
Jan. 30, 2013 Notice of Hearing (hearing set for June 10 through 13 and 17 through 20, 2013; 9:00 a.m.; Tallahassee, FL).
Jan. 28, 2013 Settlement Agreement filed.
Jan. 25, 2013 Joint Response to Initial Order filed.
Jan. 17, 2013 Initial Order.
Jan. 14, 2013 Agency action letter filed.
Jan. 14, 2013 Request for Administrative Hearing filed.
Jan. 14, 2013 Petition for Formal Administrative Hearing filed.
Jan. 14, 2013 Notice (of Agency referral) filed.
Jan. 14, 2013 Brooks Rehabilitation Hospital's First Request for Production of Documents to Orange Park Medical Center filed.
Jan. 14, 2013 Brooks Rehabilitation Hospital's Notice of Service of First Set of Interrogatories to Orange Park Medical Center filed.

Orders for Case No: 13-000164CON
Issue Date Document Summary
Jan. 27, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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