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STATE OF FLORIDA / :::;; '{ ::L:::td\

AGENCY FOR HEALTH CARE ADMINISTRATION 2015 M .R I O A IQ:2 b

NORTH BREVARD COUNTY HOSPITAL DISTRICT, d/b/a PARRISH MEDICAL CENTER,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR

·HEALTHCARE ADMINISTRATION,

Respondent.

                                                                                     I

HEALTHSOUTH OF SEA PINES LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH SEA PINES REHABILITATION HOSPITAL,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and NORTH BREVARD COUNTY HOSPITAL

DISTRICT, d/b/a PARRISH MEDICAL CENTER,

Respondents.

/

DOAH CASE NO. 15-0133 AHCA NO. 2014012452

CON NO. 10234

DOAH CASE NO. 15-0132 AHCA NO. 2014012453

CON NO. 10234

FINAL ORDER

THIS CAUSE comes before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the denial of the Certificate of Need ("CON") Application No. 10234, filed by North Brevard County Hospital District d/b/a Parrish Medical Center ("Parrish").

1. On December 5, 2014, the Agency issued a State Agency Action Report ("SAAR") preliminarily denying CON Application 10234 seeking to establish a new 20-bed comprehensive rehabilitation unit in District 7, Brevard County. The decision was published in

   
   

   Filed March 10, 2015 3:06 PM Division of Administrative Hearings

   the Florida Administrative Register on December 8, 2014. Exhibit 1.

   
   

2. On December 29, 2014, Parrish petitioned for a formal administrative proceeding to appeal the Agency's initial denial of its CON application. The case was referred to DOAH and assigned Case No. 15-0133.

3. On December 29, 2014, Healthsouth of Sea Pines Limited Partnership, d/b/a Healthsouth Sea Pines Rehabilitation Hospital ("HealthSouth Sea Pines") petitioned for a formal administrative proceeding in support of the Agency's preliminary denial of CON Application No. 10234. The case was referred to DOAH and assigned Case No. 15-0132.

4. On January 26, 2015, Parrish filed a Notice of Voluntary Dismissal of Case No.

   
   

   15-0133. Exhibit 2.

   
   

5. On January 26, 2015, HealthSouth Sea Pines filed a Notice of Voluntary Dismissal of Case No. 15-0132. Exhibit 3.

   It is therefore ORDERED:

   
   

6. The denial of Parrish's CON Application No. 10234 is UPHELD.

ORDERED in Tallahassee, Florida, on this /0 day t - ,2015.

, Secretary

Agency for Hea h 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 /(Jh;_; of_....,,M'--+--" ='--"--..4... 'l ' 2015.

Richard J. Shoop, Agency Clerk?

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Page 3 of3

Miscellaneous

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

DECISIONS ON BATCHED APPLICATIONS

The Agency for Health Care Administration made the following decisions on Certificate of Need applications for Hospital Beds and Facilities batching cycle with an application due date of September 3, 2014:

County: Brevard Service District: 7

CON #10233 Decision Date: 12/5/2014 Decision: A Applicant/Facility/Project: Indian River Behavioral Health, LLC

Project Description: Establish a 74-bed child/adolescent psychiatric hospital Approved Cost: $16,737,262

County: Brevard CON #10234

Service District: 7

Decision Date: 12/5/2014 Decision: D

Facility/Project: Parrish Medical Center Applicant: North Brevard County Hospital District

Project Description: Establish a 20-bed comprehensive medical rehabilitation unit

County: Broward CON #10235

Service District: I 0-l

Decision Date: 12/5/2014 Decision: A

Facility/Project: Plantation General Hospital

Applicant: Plantation General Hospital Limited Partnership

Project Description: Establish a 200-bed replacement acute care hospital Approved Cost: $0

A request for administrative hearing, if any, must be made in writing and must be actually received by this department within 21 days of the first day of publication of this notice in the Florida Administrative Register pursuant to Chapter 120, Florida Statutes, and Chapter 59C-l, Florida Administrative Code.

EXHIBIT 1

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NORTH BREVARD COUNTY HOSPITAL

DISTRICT d/b/a Parrish Medical Center, CASE '.\10.: l 5-0133CO\!

CON NO. 10234

Petitioner,

vs.

STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondents.

NOTICE OF VOLUNTARY DISMISSAL

North Brevard County Hospital District d/b/a Parrish Medical Center, by and through its undersigned counsel, hereby provides notice of its voluntary dismissal of its Petition for Formal

Administrative Proceedings, by which it initiated Case No. 05-0l 33CON on January 8, 2015.

Respectfully submitted this 26th Jay of January, 2015.

GREENBERG TRAURIG, P.A.

101 Fast College Avenue Post Office Drawer 1838 Tallahassee, FL 32302

Telephone: (850) 222-6891

Facsimile: (850) 681-0207

MICHAEL.

Florida Bar No. 328014 chernigam@gtlaw.com

Counsel for North Brevard County Hospital District dlh/a Parrish Medical Center

Filed January 26, 2015 12:39 PM Division of Administrative Hearings

EXHIBIT 2

CERTirlCATE OF SERYKE

1 HEREBY CERTIFY that the foregoing was filed by eALJ with the Division of Administrative Hearings, The DeSoto Building, I 230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and copy furnished to the following by electronic delivery this 26th day of January, 2015:

Lorraine M. Novak, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308 Lorraine.Novak(a),ahca.mvflorida.com

TAL 451937932v1

STATE OF FLORIDA

DIVISION OF AD.MINISTRATIVE HEARNGS

HEALTHSOUTH OF SEA PINES LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH SEA PINES REHABILITA TJON llOSPITAL,

Petitioner,

Case No. l 5-0132CON

\'S.

NORTH BREY ARD COUNTY HOSPITAL DISTRICT, d'b/a PARRISH MEDICAL CENTER and AGENCY FOR HEALTH CARE ADMJNJSTRA TIO!\,

Respondents.

HEALTHSOUTH OF SEA PINES LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH SEA PINES REHABILITATION HOSPITAL'S NOTICE OF VOLUNTARY DISMISSAL

Petitioner. HealthSouth of Sea Pines Limited Partnership, d/b/a HealthSouth Sea Pines Rehabilitation Hospital, by and through the undersigned counsel. hereby voluntarily dismisses its

petition in the above-styled proceedings.

Respectfully submitted this LCo day of January, 2015.

Florida Bar Number: 0202045 BRIAN A. NEWMAN

Florida Bar Number: 0004758 PENNINGTON. P.A.

215 South Monroe Street, Second Floor

Post Office Box 10095 (32302-2095)

Tallahassee, Florida 32301

Telephone: 850-222-3533

Facsimile: 850-222-2126

Filed January 26, 2015 1:45 PM Division of Administrative Hearings

EXHIBIT 3

E-Mail: tri gshy1a: penni ngton lav,.com hrianfc.Dpenningtonla\v.com

Attorneys for HealthSouth Sea Pines

Rehabilitation Hospital

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing was filed with by eALJ with the Division of Administrative Hearings. The DeSoto Building. 1230 Apalachee Parkway, Tallahassee, Florida

32399-3060, and copy furnished to the following by electronic delivery this

January, 2015:

Lorraine M. Novak. Esquire

Agency for Health Care Administration Fort Knox Building IIL Mail Stop 3 2727 Mahan Drive. Suite 3431

Tallahassee. Florida 32308 Lorraine.Novak'a;ahca.m)·ilorida.com

_ _2-_

_ day of

Docket for Case No: 15-000133CON

Orders for Case No: 15-000133CON