STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

HOSPICE OF CITRUS COUNTY, INC., d/b/a HOSPICE OF CITRUS AND THE NATURE COAST,

2015 SEP 11 A II: SC\

vs.

Petitioner,

Case No. 15-l 962CON ARCA No. 2015002656

CON No. 10263

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

HERNANDO-PASCO HOSPICE, INC.

Intervenor.

                                                                         I

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary denial of Certificate of Need ("CON") 10263 filed by Hospice of Citrus County, Inc. d/b/a Hospice of Citrus and The Nature Coast ("HOCC"), to establish a new hospice program for Hospice Service Area 3D in the absence of published numeric need.

1. The Agency reviewed HOCC's CON application to establish a new hospice program for Hospice Service Area 3D and issued a State Agency Action Report on Application for Certificate of Need on February 20, 2015, wherein the Agency denied HOCC's CON Application No. 10263.

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. 10263.

3. On March 13, 2015, HOCC filed a Petition for Formal Hearing challenging the

   
   

   Filed September 24, 2015 12:50 PM Division of Administrative Hearings

   denial of its CON Application No. 10263.

   
   

4. The Agency referred the Petitions to the Division of Administrative Hearings and an Administrative Law Judge ("ALJ") was assigned.

5. On April 20, 2015, Hernando-Pasco Hospice, Inc. filed a Motion for Leave to Intervene, wherein it supported the Agency's determination that there is no need for a new hospice program in Hospice Service Area 3D and that CON Application No. 10263 filed by HOCC should be denied. Hernando-Pasco Hospice, Inc.'s request to intervene was ultimately granted by the ALJ.

6. On July 8, 2015, HOCC filed a Notice of Voluntary Dismissal of its Petition for

   
   

   Formal Administrative Hearing.

   
   

7. On July 10, 2015, the ALJ entered an Order Closing File and Relinquishing Jurisdiction to the Agency as to CON Application No. 10263.

It is therefore ORDERED:

1. The denial of CON Application No. 10263 is UPHELD.

ORDERED in Tallahassee, Florida, on this .d:k    day o                                                          IS.

El

Agency F are 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 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 the method designated to the persons named below on this / f

,2015.

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

Tallahassee, Florida 32308

(850) 412-3630

W. David Watkins Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

Attorney for Heman.do-Pasco Hospice, Inc. sfrazier@phrd.com

twd@phrd.com (Electronic Mail)

Susan L. St. John, Esquire St. John Law Firm, P.L. Post Office Box 13545 Tallahassee, Florida 32317

Attorney for Hospice of Citrus County, Inc. d/b/a Hospice of Citrus and The Nature Coast sinjinjd@me.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 of Need 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: 15-001962CON

Orders for Case No: 15-001962CON