STATE OF FLORIDA

AGENCY FOR HEALTHCARE ADMINISTRATION

HSP CITRUS, LLC, 2016 f\PR I 3 P 2: 28

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION ,

DOAH NO. l 5-1898CON

AHCA NO. 2015002637

CON NOS. 10307

10309

Respondent

                                                                      I

FINAL ORDER

This cause came on for consideration on the Agency ' s decision denying the Certificate of Need ("CON") Application No. 10307 filed by HSP Citrus, LLC, ("HSP") to establish a new 120-bed community nursing home in Polk County, Florida State Health Services Planning District 6, Nursing Home Subdistrict 5, and approving Lakeland Oaks NH, LLC's ("Lakeland" ) co-batched CON Application No. 10309.

1. On February 23, 2015, the Agency published its decision denying HSP' s CON Application No. 10307 and approving Lakeland's CON Application 10309.

2. On March 16, 2014, HSP filed a Petition for Formal Administrative Hearing with the Agency contesting the denial of its CON Application No. 10307 and the approval of Lakeland's CON 10309. The Agency referred the Petition to the Division of Administrative Hearings.

3. On April 15, 2015, HSP filed a Notice of Voluntary Dismissal. Thereafter, the case was closed.

It is therefore ORDERED:

1. The denial ofHSP's CON Application 10307 is UPHELD.

   
   

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   Filed April 28, 2016 10:50 AM Division of Administrative Hearings

2. HSP's challenge of Lakeland's CON Application 10309 is dismissed.

ORDERED in Tallahassee, Florida, on this day of                   , 2016.

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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this f

//Joi ,2016.

oop, Agenc

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

Tallahassee, Florida 32308

(850) 412-3630

Honorable James H. Peterson, III

Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Robert A. Weiss, Esquire

2

Karen A. Putnal. Esquire Moyle Lmv Firm. P.A. kputnal(c1)moylela\v.corn rweiss@moy lelaw.com mqualls@moylelaw.com (Electronic Mail)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer & Dobbs LLP sfrazier@phrd.com

twd@phrd.com (Electronic Mail)

Jay Adams, Esquire Frank Rainer, Esquire Broad and Cassel

jadams@broadandcassel.com frainer@broadandcasseI.com (Electronic Mail)

Richard Joseph Saliba, Esquire Kevin Marker, Esquire

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice K. Mills, Government Analyst II Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Marisol Fitch, Unit Manager Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)

Bernard Hudson, Unit Manager Long-Term Care Unit

Agency for Health Care Administration (Electronic Mail)

3

Docket for Case No: 15-001898CON

Orders for Case No: 15-001898CON