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GREYSTONE HOSPICE OF DISTRICT 6B, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION, 14-001369CON (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001369CON Visitors: 16
Petitioner: GREYSTONE HOSPICE OF DISTRICT 6B, LLC
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: R. BRUCE MCKIBBEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 24, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 21, 2014.

Latest Update: May 15, 2014
14001369_AFO_05152014_04045308_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


VITAS HEALTHCARE CORPORATION OF FLORIDA,

?"lL.E:D

/d-1CA

AGENC:Y CLER!{

2014HAY IS A 9=5b


Petitioner ,


vs. CASE NO. 14-1366CON

AHCA NO. 2014002825

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

                                                                       I


GREYSTONE HOSPICE OF DISTRICT 68, LLC,


Petitioner,


vs. CASE NO. 14-1369CON

AHCA NO. 2014002494

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

/


FINAL ORDER


THIS CAUSE came before the State of Florida, Agency for Health Care Administration ("the Agency") for the issuance of a final order.

I. On March 10, 2014, Greystone Hospice of District 68 , LLC, ("Greystone")


requested a formal administrative hearing to contest the preliminary denial of Certificate of Need ("CON") Application No. 10206, which it submitted to establish a hospice program in the Service District 68, and to contest the preliminary approval of VITAS Healthcare Corporation of Florida ('"VITAS") CON Application No. 10207, to establish a hospice program in Hospice Service Area 68 .


Filed May 15, 2014 4:04 PM Division of Administrative Hearings

  1. The request was referred to the Division of Administrative Hearings ("DOAH") where it was assigned Case No. 14-1369CON.

  2. On March 13, 2014, VITAS requested a formal administrative hearing to challenge the co-batched CON Application filed by Greystone to establish a hospice program in Service District 6B, (CON No. 10206), and to support the preliminary approval of its application (CON No. 10207).

  3. The request was referred to DOAH where it was assigned Case No. 14-1366CON.


  4. On April 4, 2014, DOAH issued an Order of Consolidation.


  5. On April 18, 2014, Greystone filed a Notice of Voluntary Dismissal.


    It is therefore ORDERED:


  6. The denial of Greystone's CON Application No. 10206 is upheld.


    A

  7. The approval of VITAS' CON Application No. 10207 is upheld subject to the conditions noted in the State Agency Action Report.

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


Eli Agenc th 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 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 of rendition of the order to be reviewed.


Page 2 of3

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 /                  of          ,.,,,..      --t---"Ca.----,,.c..                                     , 2014.


oop, Agency

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

(Electronic Mail)

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

Tallahassee, Florida 32302-0551

Steve@reuphlaw.com (Electronic Mail)

R. Terry Rigsby, Esquire Pennington, P.A.

Post Office Drawer 10095 Tallahassee, Florida 32302 Trigsby@penningtonlaw.com

(Electronic Mail)

James McLemore, Supervisor Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)



Page 3 of3


Docket for Case No: 14-001369CON
Issue Date Proceedings
May 15, 2014 Agency Final Order filed.
Apr. 21, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 18, 2014 Greystone Hospice of District 6B, LLC's Notice of Voluntary Dismissal (filed in Case No. 14-001369CON).
Apr. 18, 2014 Order of Pre-hearing Instructions.
Apr. 17, 2014 Joint Proposed Order of Pre-hearing Instructions filed.
Apr. 15, 2014 Vitas Healthcare Corporation of Florida's Second Request for Production of Documents to Greystone Hospice of District 6B, LLC filed.
Apr. 11, 2014 Notice of Hearing (hearing set for June 30 through July 2 and 8 through 11, 2014; 9:00 a.m.; Tallahassee, FL).
Apr. 11, 2014 CASE STATUS: Motion Hearing Held.
Apr. 08, 2014 Vitas Healthcare Corporation of Florida's Response in Opposition to Greystone Hospice of District 6B, LLC's Motion for Continuance filed.
Apr. 04, 2014 Greystone Hospice's Response to Initial Order and Motion to Consolidate and Motion for Continuance (filed in Case No. 14-001369CON).
Apr. 04, 2014 Order of Consolidation (DOAH Case Nos. 14-1366CON and 14-1369CON)).
Apr. 01, 2014 Greystone Hospice of District 6B, LLC's First Request for Production of Documents to Vitas Healthcare Corporation of Florida filed.
Apr. 01, 2014 Greystone Hospice's Notice of Service of First Set of Interrogatories to Vitas Healthcare Corporation of Florida filed.
Mar. 25, 2014 Initial Order.
Mar. 24, 2014 Agency action letter filed.
Mar. 24, 2014 Petition for Formal Administrative Proceeding filed.
Mar. 24, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-001369CON
Issue Date Document Summary
May 15, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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