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UNIVERSITY HOSPITAL, LTD., D/B/A UNIVERSITY HOSPITAL AND MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 14-003105CON (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003105CON Visitors: 20
Petitioner: UNIVERSITY HOSPITAL, LTD., D/B/A UNIVERSITY HOSPITAL AND MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: W. DAVID WATKINS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 03, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 26, 2015.

Latest Update: Sep. 24, 2015
14003105_282_09242015_12475511_e

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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATIO'915 SEP 17 A II: 51

SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL REGIONAL HOSPITAL,


Petitioner,


vs.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and THE SHORES BEHAVIORAL HOSPITAL, LLC,


Respondents.

/

CASE NO. 14-3103CON AHCA NO. 2014006545

CON NO. 10224

RENDITION NO.: AHCA· \5 .. C 5 .S-OLC



UNIVERSITY HOSPITAL, LTD., d/b/a UNIVERSITY HOSPITAL AND MEDICAL CENTER,


Petitioner,


vs.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and THE SHORES BEHAVIORAL HOSPITAL, LLC,

CASE NO. 14-3105CON AHCA NO. 2014006546

CON NO. 10224


Respondents.

                                                                        I


FINAL ORDER

THIS CAUSE comes before the State of Florida, Agency for Health Care Administration, ("the Agency") concerning the preliminary approval of Certificate of Need ("CON") Application No. 10224 submitted by The Shores Behavioral Hospital, LLC ("The Shores").

  1. On June 26, 2014, South Broward Hospital District d/b/a Memorial Regional


    1

    Filed September 24, 2015 12:47 PM Division of Administrative Hearings


    Hospital ("Memorial") filed a Petition for Formal Administrative Hearing challenging the preliminary approval of The Shores' Application No. 10224.

  2. Also, The University Hospital, LTD, d/b/a University Hospital and Medical Center ("UHMC") filed a Petition for Formal Administrative Hearing challenging the Agency's preliminary approval of CON No. 10224. The petitions were referred to the Division of Administrative Hearings ("DOAH"), consolidated, and assigned DOAH Case No. 14-3103CON.

  3. On November 21, 2014, Memorial filed a Notice of Voluntary Dismissal.


  4. On March 11, 2015, UHMC and the Agency entered into the attached Settlement Agreement. (Ex. 1)

    IT IS THEREFORE ORDERED:


  5. The attached Settlement Agreement is adopted and incorporated by reference into this Final Order.

  6. The approval of The Shores CON Application 10224 is UPHELD, subject to the


Settlement Agreement and conditions in the CON application.

ORDERED in Tallahassee, Florida, on this      /fe day of        15.




ek, Secretary

alth 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 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.


2


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 ;-


of ,

r2EF '2015.


Richar J. Shoop, Agency erk 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)

Marisol Fitch, Health Service &Facilities Consultant Supervisor

Agency for Health Care Administration

(Electronic Mail)

W. David Watkins Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)

Lorraine M. Novak, Esquire Assistant General Counsel

Agency for Health Care Administration

(Electronic Mail)

Richard J. Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration (Electronic Mail)

Stephen A. Ecenia, Esquire

R. David Prescott, Esquire Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32302 Steve(@rutledge-ecenia.com

David@ (ci;rutledge-ecenia.com

(Electronic Mail)

Geoffrey D. Smith, Esquire Smith & Associates

2834 Remington Green Circle, Suite 201

Tallahassee, FL 32308 Geoff!@smithlawtlh.com

Philip Blank, Esquire GrayRobinson, P.A.

301 South Bronough Street Tallahassee, Florida 32302-3189

PhiliQ.blank@gray-robinson.com}

(Electronic Mail)

(Electronic Mail)


3


Docket for Case No: 14-003105CON
Issue Date Proceedings
Sep. 24, 2015 Settlement Agreement filed.
Sep. 24, 2015 Agency Final Order filed.
Mar. 26, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 19, 2015 Joint Unopposed Motion to Relinquish Jurisdiction for Entry of Final Order Approving CON filed.
Mar. 11, 2015 Order Continuing Case in Abeyance (parties to advise status by April 10, 2015).
Mar. 10, 2015 (Joint) Status Report filed.
Feb. 10, 2015 Order Continuing Case in Abeyance.
Feb. 05, 2015 (Joint) Status Report filed.
Jan. 06, 2015 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by February 5, 2015).
Jan. 05, 2015 Joint Unopposed Motion for Abeyance and Continuance of Final Hearing filed.
Dec. 17, 2014 Notice of Taking Deposition Duces Tecum (of Sharon Blair-Moxam) filed.
Dec. 17, 2014 Notice of Taking Deposition Duces Tecum (of Gene Nelson) filed.
Dec. 17, 2014 Notice of Taking Deposition Duces Tecum (of Daryl Weiner) filed.
Dec. 15, 2014 (Petitioner's) Agreed Motion for Extension of Time to Respond to Motion for View filed.
Dec. 09, 2014 Notice of Taking Deposition Duces Tecum (University Hospital, Ltd. d/b/a University Hospital and Medical Center's Corporate Representative) filed.
Dec. 08, 2014 (Respondent's) Motion for View filed.
Dec. 05, 2014 Notice of Taking Deposition Duces Tecum (of Marisol Fitch) filed.
Dec. 03, 2014 Notice of Appearance (Richard Saliba) filed.
Dec. 02, 2014 Cross Notice of Taking Depositions Duces Tecum filed.
Nov. 26, 2014 Notice of Taking Deposition Duces Tecum filed.
Nov. 24, 2014 Second Amended Final Witness List filed.
Nov. 21, 2014 South Broward Hospital District d/b/a Memorial Regional Hospital's Notice of Voluntary Dismissal filed.
Nov. 21, 2014 (Petitioner's) Prehearing Stipulation filed.
Nov. 14, 2014 Amended Final Witness List filed.
Nov. 14, 2014 Amended Final Witness List (filed in Case No. 14-003105CON).
Nov. 12, 2014 The Shores' Notice of Service of Answers and Objections to University's First Set of Interrogatories filed.
Nov. 12, 2014 The Shores' Objections and Responses to University's First Request for Production filed.
Nov. 06, 2014 (The Shores') Final Witness List filed.
Nov. 06, 2014 University Hospital, Ltd.'s Notice of Service of Answers and Objections to Shores' First Set of Interrogatories (filed in Case No. 14-003105CON).
Nov. 06, 2014 University Hospital, Ltd.'s Final Witness List (filed in Case No. 14-003105CON).
Nov. 06, 2014 University Hospital, Ltd.'s Response to the Shores' First Request for Admissions (filed in Case No. 14-003105CON).
Nov. 06, 2014 University Hospital, Ltd's Responses to the Shores' First Request for Production of Documents (filed in Case No. 14-003105CON).
Nov. 06, 2014 South Broward Hospital District d/b/a Memorial Regional Hospital's Final Witness List filed.
Nov. 04, 2014 The Agency for Health Care Administration's Final Witness List filed.
Oct. 01, 2014 University Hospital, Ltd.'s Preliminary Witness List (filed in Case No. 14-003105CON).
Oct. 01, 2014 Preliminary Witness List (filed in Case No. 14-003105CON).
Oct. 01, 2014 The Agency for Health Care Administration's Preliminary Witness List filed.
Sep. 29, 2014 University Hospital, Ltd.'s Notice of Service of First Interrogatories to The Shores Behavioral Hospital, LLC (filed in Case No. 14-003105CON).
Sep. 29, 2014 University Hospital, Ltd.'s First Request for Production of Documents to The Shores Behavioral Hospital, LLC (filed in Case No. 14-003105CON).
Sep. 25, 2014 The Shores' Notice of Service of First Interrogatories to University Hospital Ltd (filed in Case No. 14-003105CON).
Sep. 25, 2014 The Shores' First Request for Admissions to University Hospital Ltd (filed in Case No. 14-003105CON).
Sep. 25, 2014 The Shores' First Request for Production of Documents to University Hospital LTD (filed in Case No. 14-003105CON).
Aug. 15, 2014 Joint Order of Pre-hearing Instructions.
Aug. 14, 2014 Notice of Filing Joint Proposed Order of Pre-Hearing Instructions filed.
Jul. 15, 2014 Order Requesting Order of Pre-hearing Instructions.
Jul. 15, 2014 Notice of Hearing (hearing set for January 19 through 23 and 26 through 30, 2015; 9:30 a.m.; Tallahassee, FL).
Jul. 14, 2014 Corrected Notice of Appearance and Request to Correct Case Style (Geoffrey D. Smith) filed.
Jul. 14, 2014 Joint Response to Initial Order filed.
Jul. 09, 2014 Notice of Appearance (R. Prescott; filed in Case No. 14-003105CON).
Jul. 08, 2014 Notice of Appearance (Geoffrey Smith) filed.
Jul. 08, 2014 Notice of Appearance (Geoffrey Smith; filed in Case No. 14-003105CON).
Jul. 08, 2014 Order of Consolidation (DOAH Case Nos. 14-3103CON and 14-3105CON).
Jul. 03, 2014 Initial Order.
Jul. 03, 2014 Agency action letter filed.
Jul. 03, 2014 University Hospital's Petition for Formal Administrative Proceeding filed.
Jul. 03, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-003105CON
Issue Date Document Summary
Sep. 17, 2015 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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