Petitioner: NAPLES COMMUNITY HOSPITAL, INC.
Respondent: BRADEN CLINIC, LLC, AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ROBERT S. COHEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jun. 29, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 28, 2019.
Latest Update: Jan. 31, 2019
18003367_282_01312019_14294794_e
2019.
ORDERED in Tallahassee, Florida, this 00 day of0 C,..V\
gene ealth'
Car inistration
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 J/$C-- day of
---J .-.. -- 7-/ ---, 2019.
Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 412-3630
Copies:
Robert S. Cohen Administrative Law Judge
Division of Administrative Hearings (Electronic Filing)
Virginia Dailey, Esquire
Virginia Dailey, Esquire
201 East Park Avenue, Suite 200 Panza, Maurer & Maynard, P.A Tallahassee, Florida 32301 vdailey@panzamaurer.com shackshaw@panzamaurer.com Counsel for Braden Clinic, LLC
Thomas Panza, Esquire Angelina Gonzalez, Esquire Panza, Maurer & Maynard, P.A
2400 East Commercial Boulevard, Suite 905 Fort Lauderdale, Florida 33308- tpanza@panzamaurer.com; agonzalez@panzamaurer.com tkatler@panzamaurer.com
Counsel for Braden Clinic, LLC
R. Terry Rigsby, Esquire 750 Middlewood Drive Tallahassee, Florida 32312 rterryrigsby@gmail.com
Counsel for Naples Community Hospital, Inc.
Michael Glazer, Esquire Ausley McMullen
123 South Calhoun Street Post Office Box 391 Tallahassee, FL 32302 mglazer@ausley.com jmcvaney@ausley.com
Counsel for Naples Community Hospital, Inc.
Beau Braden, D.O.
Suite 111, 5068 Annunciation Circle Ave Maria, Florida 34142
(U.S. Mail)
Lindsey L. Miller-Hailey, Assistant General Counsel Kevin Michael Marker, Assistant General Counsel Richard J. Saliba, 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)
Jack Plagge, Unit Manager
Hospital and Outpatient Services Unit Agency for Health Care Administration (Electronic Mail)
Docket for Case No: 18-003367CON
| Issue Date |
Proceedings |
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Jan. 31, 2019 |
Agency Final Order filed.
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Jan. 28, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Jan. 25, 2019 |
Naples Community Hospital, Inc's Notice of Voluntary Dismissal filed.
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Jan. 25, 2019 |
Braden Clinic, LLC's Motion in Limine to Exclude Evidence of Adverse Impact Specific to Outpatient Contribution Margin Losses and Medicare Payments from Disproportionate Share Funding filed.
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Jan. 25, 2019 |
Braden Clinic, LLC's Motion in Limine to Exclude Evidence of Potential Stark Law Violations filed.
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Jan. 24, 2019 |
Braden Clinic, LLC's Renewed, Replacement Emergency Motion to Compel Naples Community Hospital, Inc. Production of Discovery; and Notice of Rescinding Agreement to Toll Deadline for Response to Motion to Compel filed.
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Jan. 23, 2019 |
Braden Clinic, LLC's Amended Final Witness List filed.
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Jan. 22, 2019 |
Naples Community Hospital, Inc's Objection to Notice of Production from Nonparty-Sharecare, Inc. filed.
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Jan. 22, 2019 |
Naples Community Hospital, Inc's Objection to Notice of Production from Nonparty-Just Like Family Concierge Medical Transport Services, LLC filed.
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Jan. 22, 2019 |
Naples Community Hospital, Inc's Objection to Notice of Production from Nonparty-Concierge Medical Transport Services, LLC filed.
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Jan. 22, 2019 |
Naples Community Hospital's Amended Final Witness List filed.
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Jan. 18, 2019 |
Naples Community Hospital, Inc.'s Response to Braden Clinic, LLC's Motion for Sanctions and/or Motion to Strike "New" Exhibits from NCH's Expert Witness, Sharon Gordon-Girvin filed.
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Jan. 15, 2019 |
Braden Clinic, LLC's Amended Notice of Taking Continued Deposition Duces Tecum (Sharon Gordon-Girvin) filed.
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Jan. 15, 2019 |
Bradens Clinic, LLC's Notice of Taking Continued Deposition Duces Tecum (S. Gordon-Girvin) filed.
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Jan. 14, 2019 |
Braden Clinic, LLC"s Motion for Sanctions and/or Motion to Strike New Exhibits from NCH's Expert Witness, Sharon Gordon-Grivin (Part 2) filed.
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Jan. 14, 2019 |
Braden Clinic, LLC's Motion for Sanctions and/or Motion to Strike New Exhibits from NCH's Expert Witness, Sharon Gordon-Girvin (Part 1) filed.
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Jan. 02, 2019 |
The Agency for Health Care Administration's Amended Cross-Notice of Taking Deposition (Sharon Gordon-Girvin) filed.
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Jan. 02, 2019 |
Naples Community Hospital, Inc.'s Amended Notice of Taking Deposition Duces Tecum (as to date only) filed.
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Dec. 27, 2018 |
Braden Clinic, LLC's Notice of Taking Deposition Duces Tecum (of Kevin Cooper) filed.
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Dec. 27, 2018 |
Braden Clinic, LLC's Notice of Taking Continuation Deposition Duces Tecum (of Dr. Panozzo) filed.
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Dec. 27, 2018 |
Braden Clinic, LLC's Re-Notice of Taking Deposition Duces Tecum (of Dr. Weiss) filed.
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Dec. 21, 2018 |
Braden Clinic, LLC's Re-Notice of Taking Deposition Duces Tecum (of Marisol Fitch) filed.
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Dec. 18, 2018 |
Order Granting Motion to Toll Time to Respond to Emergency Motion to Compel.
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Dec. 17, 2018 |
Braden Clinic, LLC's Re-notice of Taking Deposition Duces Tecum (Sharon Gordon-Girvin) filed.
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Dec. 17, 2018 |
Naples Community Hosital, Inc.'s Agreed Motion to Toll Time to Respond to Braden Clinic, LLC's Emergency Motion to Compel filed.
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Dec. 14, 2018 |
Notice of Appearance (Alec Zavell) filed.
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Dec. 12, 2018 |
Naples Community Hospital's Objection to Braden Clinic LLC's Amended Notice of Taking Deposition Duces Tecum filed.
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Dec. 11, 2018 |
Naples Community Hospital, Inc.'s Amended Notice of Taking Telephonic Deposition Duces Tecum (as to location) filed.
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Dec. 10, 2018 |
Naples Community Hospital, Inc.'s Second Amended Notice of Taking Deposition Duces Tecum filed.
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Dec. 10, 2018 |
Naples Community Hospital, Inc.'s Notice of Taking Continued Deposition Duces Tecum filed.
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Dec. 10, 2018 |
Braden Clinic, LLC's Emergency Motion to Compel Naples Community Hospital, Inc. Production of Discovery filed.
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Dec. 10, 2018 |
Braden Clinic, LLC's Amended Notice of Taking Deposition Duces Tecum (Dr. Weiss) filed.
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Dec. 07, 2018 |
Naples Community Hospital's Final Witness List filed.
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Dec. 07, 2018 |
Braden Clinic, LLC's Final Witness List filed.
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Dec. 07, 2018 |
Braden Clinic, LLC's Cross-Notice of Taking Deposition Duces Tecum (Marisol Fitch) filed.
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Dec. 07, 2018 |
Naples Community Hospital, Inc.'s Notice of Taking Telephonic Deposition Duces Tecum filed.
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Dec. 06, 2018 |
Naples Community Hospital, Inc.'s Cross Notice of Taking Deposition filed.
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Dec. 06, 2018 |
Naples Community Hospital, Inc.'s Notice of Taking Deposition Duces Tecum (Marisol Fitch) filed.
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Dec. 05, 2018 |
The Agency for Health Care Administration's Cross-Notice of Taking Deposition (Girvin) filed.
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Dec. 05, 2018 |
Braden Clinic, LLC's Fourth Amended Preliminary Witness List filed.
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Dec. 04, 2018 |
Braden Clinic, LLC's Third Amended Preliminary Witness List filed.
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Dec. 03, 2018 |
Braden Clinic, LLC's Amended Notice of Taking Depositions Duces Tecum filed.
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Nov. 30, 2018 |
Naples Community Hospital, Inc.'s Amended Notice of Taking Depositions Duces Tecum filed.
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Nov. 30, 2018 |
Braden Clinic, LLC's Second Amended Preliminary Witness List filed.
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Nov. 30, 2018 |
Braden Clinic, LLC's Notice of Taking Depositions Duces Tecum filed.
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Nov. 29, 2018 |
Naples Community Hospital, Inc.'s Notice of Taking Depositions Duces Tecum filed.
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Nov. 29, 2018 |
Protective Order Regarding Confidential Items and HIPAA Items.
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Nov. 27, 2018 |
Agreed Motion for Entry of Protective Order regarding Confidential Items and HIPAA Items filed.
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Nov. 26, 2018 |
NCH's Response to Second Request for Production from Braden Clinic, LLC filed.
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Nov. 26, 2018 |
Naples Community Hospital, Inc.'s Notice of Service of Answers to Second Interrogatories from Braden Clinic filed.
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Nov. 19, 2018 |
Braden Clinic, LLC's Amended Preliminary Witness List filed.
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Nov. 09, 2018 |
Notice of Appearance (Eugene Rivers) filed.
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Nov. 09, 2018 |
Naples Community Hospital's Preliminary Witness List filed.
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Nov. 09, 2018 |
Braden Clinic, LLC's Preliminary Witness List filed.
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Nov. 09, 2018 |
The Agency for Health Care Administration's Preliminary and Final Witness List filed.
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Nov. 09, 2018 |
Order of Pre-hearing Instructions.
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Nov. 09, 2018 |
Order Granting Motion to Amend Order of Pre-hearing Instructions.
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Nov. 09, 2018 |
Agreed Motion for Amended Order of Pre-hearing Instruction filed.
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Oct. 31, 2018 |
Order Denying Respondent's Motion in Limine to Exclude Evidence Related to the Statutorily Excluded Certificate of Need Review Criteria for General Hospitals and to Strike Related Discovery Requests.
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Oct. 25, 2018 |
Respondent Braden Clinic, LLC's Second Request for Production to Petitioner, Naples Community Hospital, Inc. filed.
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Oct. 25, 2018 |
Respondent, Braden Clinic, LLC's Notice of Serving Second Set of Interrogatories to Petitioner, Naples Community Hospital, Inc. filed.
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Oct. 01, 2018 |
Notice of Appearance (Kevin Marker) filed.
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Sep. 25, 2018 |
NCH's Response to Braden Clinic's Motion in Limine to Exclude Evidence Related to the Statutorily Excluded Certificate of Need Review Criteria for General Hospitals, Strike Related Discovery Requests, and Memorandum of Law filed.
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Sep. 21, 2018 |
Respondent, Braden Clinic, LLC's Objections and Responses to Petitioner, Naples Community Hospital, Inc.'s First Request for Production filed.
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Sep. 21, 2018 |
Respondent, Braden Clinic, LLC's Notice of Serving Objections and Responses to Petitioner, Naples Community Hospital, Inc.'s First Interrogatories filed.
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Sep. 19, 2018 |
NCH's Response to First Request for Production from Braden Clinic, LLC filed.
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Sep. 19, 2018 |
Naples Community Hospital, Inc.'s Notice of Service of Answers to First Interrogatories from Braden Clinic filed.
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Sep. 19, 2018 |
Notice of Withdrawal of Counsel for the Agency filed.
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Sep. 18, 2018 |
Respondent, Braden Clinic, LLC's Motion in Limine to Exclude Evidence Related to the Statutorily Excluded Certificate of Need Review Criteria for General Hospitals, Strike Related Discovery Requests, and Memorandum of Law filed.
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Aug. 21, 2018 |
Notice of Appearance (Lindsey Miller-Hailey) filed.
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Aug. 13, 2018 |
Naples Community Hospital's Notice of Service of First Interrogatories to Braden Clinic, LLC filed.
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Aug. 13, 2018 |
Naples Community Hospital's First Request for Production of Documents to Braden Clinic, LLC filed.
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Aug. 10, 2018 |
Respondent, Braden Clinic, LLC's First Request for Production to Petitioner, Naples Community Hospital, Inc. filed.
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Aug. 10, 2018 |
Respondent, Braden Clinic, LLC's Notice of Serving First Set of Interrogatories to Petitioner, Naples Community Hospital, Inc. filed.
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Jul. 16, 2018 |
Order of Pre-hearing Instructions.
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Jul. 16, 2018 |
Notice of Hearing (hearing set for February 11 through 15, 18, and 19, 2019; 9:00 a.m.; Tallahassee, FL).
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Jul. 13, 2018 |
Joint Response to Initial Order filed.
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Jul. 06, 2018 |
Notice of Appearance (Angelina Gonzalez) filed.
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Jul. 06, 2018 |
Notice of Appearance (Virginia Dailey) filed.
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Jul. 06, 2018 |
Notice of Appearance (Thomas Panza) filed.
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Jul. 03, 2018 |
Initial Order.
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Jun. 29, 2018 |
Petition for Formal Administrative Hearing filed.
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Jun. 29, 2018 |
Decisions on Batched Applications filed.
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Jun. 29, 2018 |
Notice (of Agency referral) filed.
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Orders for Case No: 18-003367CON
