STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

COMPASSIONATE CARE HOSPICE OF THE GULF COAST, INC.,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

TIDEWELL HOSPICE, INC.

Intervenor.

'I

FINAL ORDER

2015 SEP 11 P 12: 00

Case No. 15-1961CON AHCA No. 2015002662

CON No. 10293

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary denial of Certificate of Need ("CON") 10293 filed by Compassionate Care Hospice of the Gulf Coast, Inc. ("CCH"), to establish a new hospice program for Hospice Service Area 6C in the absence of published numeric need.

1. The Agency reviewed CCH's CON application to establish a new hospice program for Hospice Service Area 6C and issued a State Agency Action Report on Application for Certificate of Need on February 20, 2015, wherein the Agency denied CCH's CON Application No. 10293.

2. On February 23, 2015, the Agency published notice in the Florida Administrative Register of its decision regarding the preliminary denial of CON Application No. 10293.

3. On March 13, 2015, CCH filed a Petition for Formal Administrative Hearing challenging the denial of its CON Application No. 10293.

4. The Agency referred the Petition to the Division of Administrative Hearings and

   
   

   Filed September 24, 2015 12:56 PM Division of Administrative Hearings

   an Administrative Law Judge ("ALJ") was assigned.

   
   

5. On April 21, 2015, Tidewell Hospice, Inc. filed a Renewed Motion to Intervene, wherein it supported the Agency's determination that there is no need for a new hospice program in Hospice Service Area 6C and that CON Application No. 10293 filed by CCH should be denied. Tidewell Hospice, Inc.'s request to intervene was ultimately granted by the ALJ.

6. On July 16, 2015, CCH filed a Notice of Voluntary Dismissal of its Petition for Formal Administrative Hearing.

7. On July 17, 2015, the ALJ entered an Order Closing File and Relinquishing Jurisdiction to the Agency as to CON Application No. 10293.

It is therefore ORDERED:

1. The denial of CON Application No. 10293 is UPHELD.

ORDERED in Tallahassee, Florida, on this_&_ day of       2015.

Eli

Agency F 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 of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed withinJO days of the rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

;;y:---

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order. has been furnished by the method designated to the persons named below on this /'/ day of

s,pt .2015.

Richard . oop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

David M. Maloney Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Robert D. Newell, Jr., Esquire Newell, Terry & Douglas, P.A. 817 N. Gadsden Street Tallahassee, Florida 32303

Attorney for Tidewell Hospice, Inc. rdnew@newellandterry.com (Electronic Mail)

Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates

. 3301 Thomasville Road, Suite 201 ' Tallahassee, Florida 32308

Attorney for Compassionate Care Hospice of the Gulf Coast, Inc. Geoff@smithlawtlh.com

Susan@smithlawtlh.com (Electronic Mail)

Lorraine M. Novak, Assistant General Counsel Daniel A. Johnson, Assistant General Counsel 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 M. Fitch, Unit Manager Certificate ofNeed Unit

Agency for Health Care Administration (Electronic Mail)

Noel Cronin Lawrence, Unit Manager Home Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 15-001961CON

Orders for Case No: 15-001961CON