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MEMORIAL HEALTHCARE GROUP, INC., D/B/A MEMORIAL HOSPITAL JACKSONVILLE vs AGENCY FOR HEALTHCARE ADMINISTRATION AND SHANDS JACKSONVILLE MEDICAL CENTER, INC., D/B/A UF HEALTH JACKSONVILLE, 14-000123CON (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000123CON Visitors: 86
Petitioner: MEMORIAL HEALTHCARE GROUP, INC., D/B/A MEMORIAL HOSPITAL JACKSONVILLE
Respondent: AGENCY FOR HEALTHCARE ADMINISTRATION AND SHANDS JACKSONVILLE MEDICAL CENTER, INC., D/B/A UF HEALTH JACKSONVILLE
Judges: R. BRUCE MCKIBBEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 7, 2014.

Latest Update: Jul. 21, 2014
14000123_AFO_07212014_13020735_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


MEMORIAL HEALTHCARE GROUP, INC. d/b/a MEMORIAL HOSPITAL JACKSONVILLE,


Petitioner,


2014 JUL I 8 A 11: I 2


vs.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and SHANDS JACKSONVILLE MEDICAL CENTER, INC., d/b/a UF HEALTH JACKSONVILLE,

CONNO. 10198

CASE NO. 14-0123CON AHCA NO. 2014000108


Respondents.

/

FINAL ORDER


THIS CAUSE came before the State of Florida, Agency for Health Care Administration ("the Agency") regarding Certificate of Need ("CON") Application No. 10198, which sought the establishment of a 92-bed acute care general hospital, proposed to be located in Duval County, Florida, District 4. The Agency preliminarily approved the application.

  1. On December 10, 2013, the Agency published notice of its preliminary decision to approve CON Application 10198, submitted by Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville, which sought the establishment of a 92-bed acute care general hospital, proposed to be located in Duval County, Florida, District 4.

  2. On December 30, 2013, Memorial Healthcare Group, Inc. d/b/a Memorial Hospital Jacksonville ("Memorial"), timely filed a petition for formal administrative hearing to contest the preliminary approval of CON Application 10198.

  3. The matter was referred to the Division of Administrative Hearings (DOAH), where it was assigned Case No. 14-0123CON.


    Filed July 21, 2014 1:02 PM Division of Administrative Hearings

  4. On July 3, 2014, Memorial filed a Notice of Voluntary Dismissal.


  5. On July 7, 2014, the DOAH issued an Order Closing File and Relinquishing Jurisdiction to the Agency.

    It is therefore ORDERED:


  6. The Agency's preliminary decision to approve CON Application No. 10198 is UPHELD subject to the conditions noted in the State Agency Action Report.

ORDERED in Tallahassee, Florida, on this /'j day of                         

2014.



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 one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with 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 of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days ofrendition of the order to be reviewed.


CERTIFICATE OF SERVICE


I CERTIFY that a true and correct copy of this Final Order was served on the below-

named persons by the method designated on this ,/i,-,;;;::- f ,_,        

.                                           


,7'-u_i'L_.,,,.V

, 2014.



.

-                                    

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

Tallahassee, Florida 32308

(850) 412-3630


R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

Lorraine M. Novak, Esquire Office of the General Counsel

Agency for Health Care Administration

L01Tain e.Novakra 1a hca.mv florida.com

(Electronic Mail)

Stephen A. Ecenia, Esquire Rutledge, Ecenia and Purnell, P.A. Post Office Box 551

Tallahassee, Florida 32302-0551 Steve(i'i)reuphlaw.com (Electronic Mail)

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

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

Tallahassee, Florida 32301 Sfrazier0)phrd.com Jlr«pphrd.com

(Electronic Mail)

Karl David Acuff, Esquire

Law Offices of Karl David Acuff 1615 Village Square Blvd., Suite 2

Tallahassee, Florida 32309-2770

Kdacuff@floridacourts.com

James McLemore, Supervisor Certificate of Need Unit

Agency for Health Care Administration

James.McLemore(a';ahca.mvflorida.com

(Electronic Mail)

(Electronic Mail)

Marisol Fitch

Health Services & Facilities Consultant Certificate of Need Unit

Agency for Health Care Administration

Marisol.Fitch(a;ahca.mvflorida.com


(Electronic Mail)


Docket for Case No: 14-000123CON
Issue Date Proceedings
Jul. 21, 2014 Agency Final Order filed.
Jul. 07, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 03, 2014 Memorial Hospital's Notice of Voluntary Dismissal filed.
Jul. 01, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 20 through 24, 2014; 9:00 a.m.; Tallahassee, FL).
Jun. 26, 2014 Joint Motion to Continue Proceeding filed.
May 27, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 14 through 18, 2014; 9:00 a.m.; Tallahassee, FL).
May 23, 2014 Joint Motion to Continue Proceeding filed.
May 22, 2014 Cross Notice of Taking Video Deposition Duces Tecum (of Jeffrey Gregg) filed.
May 22, 2014 Amended Notice of Taking Deposition Duces Tecum (fo Jeffrey Gregg, amended as to date and time) filed.
May 09, 2014 Cross Notice of Taking Video Deposition Duces Tecum (of Jeffrey Gregg) filed.
May 07, 2014 Notice of Taking Deposition Duces Tecum (of Jeffrey Gregg) filed.
Mar. 26, 2014 Shands Jacksonville Medical Center, Inc.'s Responses and Objections to Memorial Healthcare Group, Inc.'s First Request for Production Documents filed.
Mar. 26, 2014 Notice of Service of Shands Jacksonville Medical Center, Inc.'s Responses and Objections to Memorial Healthcare Group, Inc.'s First Interrogatories filed.
Mar. 25, 2014 Memorial Hospital Jacksonville's Notice of Service of Answers and Objections to UF Health Jacksonville's First Interrogatories filed.
Mar. 25, 2014 Memorial Hospital Jacksonville's Responses to UF Health Jacksonville's First Request for Production of Documents filed.
Jan. 22, 2014 Notice of Hearing (hearing set for June 2 through 6 and 10 through 13, 2014; 9:00 a.m.; Tallahassee, FL).
Jan. 21, 2014 CASE STATUS: Pre-Hearing Conference Held.
Jan. 17, 2014 Notice of Telephonic Pre-hearing Conference (set for January 22, 2014; 10:00 a.m.).
Jan. 14, 2014 Memorial Hosptal's First Request for Production of Documents to Shands Jacksonville Medical Center, Inc. filed.
Jan. 14, 2014 Memorial Healthcare Group's Notice of Service of First Set of Interrogatories to Shands Jacksonville Medical Center, Inc. filed.
Jan. 13, 2014 Initial Order.
Jan. 13, 2014 Notice of Appearance and Request for Hearing within 60 Days (filed by Seann Frazier, Jonathan Rue and Karl Acuff) filed.
Jan. 13, 2014 UF Health Jacksonville First Request for Production to Memorial Healthcare Group, Inc filed.
Jan. 10, 2014 Notice of Serving Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville, First Interrogatories to Memorial Healthcare Group Inc. filed.
Jan. 09, 2014 Notice of Appearance (Seann Frazier) filed.
Jan. 08, 2014 Agency action letter filed.
Jan. 08, 2014 Memorial Hospital's Petition for Formal Administrative Proceeding filed.
Jan. 08, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-000123CON
Issue Date Document Summary
Jul. 18, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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