ADVENTIST HEALTH SYSTEM/ SUNBELT, INC. d/b/a FLORIDA

HOSPITAL ORLANDO, d/b/a FLORIDA HOSPITAL ALTAMONTE, d/b/a FLORIDA HOSPITAL APOPKA, d/b/a FLORIDA HOSPITAL CELEBRATION HEALTH, d/b/a FLORIDA HOSPITAL EAST ORLANDO, d/b/a FLORIDA

HOSPITAL KISSIMMEE and d/b/a WINTER PARK MEMORIAL HOSPITAL,

DOAH NO. 19-0184CON CON NO. 10549

AHCA NO. 2019000383

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and ORLANDO HEALTH, INC. d/b/a ORLANDO HEALTH SOUTH SEMINOLE HOSPITAL,

Respondents.

I

CENTRAL FLORIDA REGIONAL HOSPITAL, INC.,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and ORLANDO HEALTH, INC., d/b/a ORLANDO HEALTH SOUTH SEMINOLE HOSPITAL,

Respondents.

I

DOAH NO. 19-0185CON CON NO. 10549

AHCA NO. 2018018737

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the

Agency") concerning the preliminary approval of Central Florida Regional Hospital, Inc.'s ("CFRH") Certificate of Need ("CON") application No. 10548 to establish a 40-bed acute care hospital and the preliminarily approval of Orlando Health, Inc.'s ("Orlando Health") CON application No. 10549 to establish a 100-bed acute care hospital in District 7, Sub-district 4, Seminole County, Florida.

1. The Agency published a notice of its decision granting the preliminarily approvals of CON applications Nos. 10548 and 10549 in the Florida Administrative Register, Volume 45, Number 112, on December 10, 2018.

2. On December 21, 2018, CFRH filed a petition contesting the approval of CON No.

   
   

   10549 for Orlando Health.

   
   

3. On December 28, 2018, Orlando Health filed a petition contesting the approval of CON No. 10548 for CFRH.

4. On December 28, 2018, Adventist Health System/Sunbelt, Inc. ("Adventist Health'') on behalf of its hospitals in District 7, filed Petitions for Formal Administrative Hearing contesting the preliminary approval of CON No. 10548 to Central Florida Regional Hospital, Inc. and contesting the approval of CON No. I 0549 to Orlando Health. All four petitions were referred to the Division of Administrative Hearings for a de novo review of the decisions. On January 14, 2019, Adventist Health filed an amended petition contesting approval of CON 10549, after its initial petition had been referred to the Division of Administrative Hearings.

5. On July 3, 2019, the Agency filed a Motion to Dismiss and Memorandum of Law based on the lack of subject matter jurisdiction due to mootness as HB 21, now 2019-136, Laws of Florida, amended the Florida certificate of need law to remove general hospital projects such as those proposed in these matters from CON review. An Order to Show Cause was entered as to

   why the consolidated cases should not be dismissed for the reasons stated in the Agency's motion.

   
   

6. On July 8, 2019, Orlando Health and CFRH filed Notices of Voluntary Dismissal.

   
   

7. On July 11, 2019, Adventist Health filed a Notice of Voluntary Dismissal.

   
   

8. On July 11, 2019, the Administrative Law Judge entered an Order Closing Case File and Relinquishing Jurisdiction to the Agency.

It is therefore, ORDERED

1. The petitions for formal hearing are dismissed.

2. The approvals of CON applications No. 10548 and No. 10549 are now moot. As of July 1, 2019, general acute care hospital projects are not subject to CON review. See 2019-136 Laws of Florida § 13.

ORDERED in Tallahassee, Florida, on this 5 day of

Mary ayhew, Secretar

Agency for Health 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 ARCA, 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 S y of

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

Tallahassee, Florida 32308

(850) 412-3630

Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Mia L. McKown, Esquire

315 South Calhoun Street, Suite 600

Tallahassee, Florida 32301 mia.mckown@hklaw.com jennifer.gillis@hklaw.com (Electronic Mail)

Stephen Boone, Esquire I 001 Avenida Del Circo Post Office Box 1596 Venice, Florida 34284 sboone@boone-law.com

pwilliamson@boone-law.com (Electronic Mail)

Karen Putnal, Esquire Ian Waldick, Esquire 118 N Gadsden St Tallahassee FL, 32301 kputnal@moylelaw.com

iwaldick@moylelaw.com mqualls@moylelaw.com (Electronic Mail)

Stephen A. Ecenia, Esquire Craig D. Miller, Esquire Jennifer Hinson, Esquire Gabriel Warren, Esquire Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301 steve@reuphlaw.com cmiller@rutledge-ecenia.com jennifer@rutledge-ecenia.com gwarren@rutledge-ecenia.com Lauren@rutl edge-ecenia.com vicki@rutledge-ecenia.com (Electronic Mail)

Julia E. Smith, 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: 19-000185CON

Orders for Case No: 19-000185CON