STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

LEE MEMORIAL HEALTH SYSTEM, · 2014 ,a.PR 21..t A 7: 26,

Petitioner,

V.

CASE NO. 13-2508CON ARCA NO. 2013006851

REN[)ITION NO.: AHCA-l'/- o3<sS -FOF-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

                                                                 /

Respondent.

DIVISION OF ADMINISTRATIVE HEARINGS

NAPLES COMMUNITY HOSPITAL, INC. d/b/a NCH NORTH NAPLES HOSPITAL CAMPUS,

DATE

                    I;;(

rr

t1

B,o

Petitioner, CASE NO. 13-2558CON AHCA NO. 2013007202

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

            Respondent.                                        

/

FINAL ORDER

This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), Elizabeth W. McArthur, conducted a formal administrative hearing. At issue in this proceeding is whether the Certificate of Need ("CON") application filed by Petitioner Lee Memorial Health System to establish a new 80-bed hospital in Lee County, Agency for Health Care Administration ("Agency" or "AHCA") District 8, should be approved or denied. The Recommended Order dated March 28, 2014 is attached to this final order and incorporated herein by reference.

RULINGS ON EXCEPTIONS

The parties did not file any exceptions to the Recommended Order.

FINDINGS OF FACT

The Agency hereby adopts the findings of fact set forth in the Recommended Order.

CONCLUSIONS OF LAW

The Agency hereby adopts the conclusions oflaw set forth in the Recommended Order.

ORDER

Based upon the foregoing, Lee Memorial Health System's CON application no. 10185 is hereby denied. The parties shall govern themselves accordingly.

DONE and ORDERED this ay         of                       , 2014, in Tallahassee, Florida.

            ,.·

DUDEK, SECRETARY

R 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 the method indicated to the persons named below on this y of

     ,0,A..--+:'-v?I-- -   -   -'' 2014.

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

Tallahassee, Florida 32308-5403

(850) 412-3630

COPIES FURNISHED TO:

Honorable Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings (via electronic filing)

Seann M. Frazier, Esquire Jonathan L. Rue, Esquire

Parker, Hudson, Rainer & Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301 (via U.S. Mail)

Karl David Acuff, Esquire

Law Offices of Karl David Acuff, P.A. 1615 Village Square Boulevard, Suite 2

Tallahassee, Florida 32309-2770 (via U.S. Mail)

R. Terry Rigsby, Esquire Brian Newman, Esquire

Pennington, Moore, Wilkinson, Bell and Dunbar, P.A.

Post Office Box 10095 Tallahassee, Florida 32302-2095

Richard Joseph Saliba, Esquire Michael J. Hardy, Esquire Assistant General Counsels (via email)

Molly McKinstry

Health Quality Assurance (via email)

Jan Mills

Facilities Intake Unit (via email)

Docket for Case No: 13-002558CON

Orders for Case No: 13-002558CON