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").
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.
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.
On November 21, 2014, Memorial filed a Notice of Voluntary Dismissal.
On March 11, 2015, UHMC and the Agency entered into the attached Settlement Agreement. (Ex. 1)
IT IS THEREFORE ORDERED:
The attached Settlement Agreement is adopted and incorporated by reference into this Final Order.
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