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AHCA

AGENCY CL ERK

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION 0.19 AUG 29p 12: 21

SHANDS TEACHING HOSPITAL AND CLINICS, INC.

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, And NORTH FLORIDA REGIONAL MEDICAL CENTER, INC.,

Respondents.

I

DOAH Case No. 19-03699CON AHCA Case No. 2019010286 CON No.10568

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency" ) concerning the preliminary approval of Certificate of Need ("CON") application No. 10568 submitted by North Florida Regional Medical Center, Inc. in the first Hospital Beds and Facilities batching cycle of 2019 for a new 42-bed psychiatric specialty hospital in District 3, Alachua County, Florida.

1. CON Application No. 10568 sought to move 33 adult psychiatric beds and add 9- beds from published need to establish a 42-bed psychiatric hospital in health planning District 3, Alachua County, Florida.

2. The Agency published a notice of its decision granting the preliminarily approval of CON application No. 10568 in the Florida Administrative Register, Volume 45, Number 112, on June 10, 2019.

3. On July 1, 2019, Shands Teaching Hospital and Clinics, Inc. timely filed a petition

   
   

   1

   
   

   Filed August 30, 2019 9:22 AM Division of Administrative Hearings

   challenging the approval as adversely affecting its substantial interests as an existing provider of adult psychiatric services in District 3. The Petition was referred to the Division of Administrative Hearings for a de nova review of the decision through a formal administrative hearing.

4. On August 12, 2019, Shands Teaching Hospital and Clinics, Inc. voluntarily dismissed its petition.

5. On August 14, 2019, the Administrative Law Judge entered an Order Closing File and Relinquishing Jurisdiction to the Agency.

It is therefore, ORDERED

1. The petition for formal hearing is dismissed .

2. The approval of CON application No. 10568 is UPHELD and adopted as the final Agency decision.

ORDERED in Tallah assee, Florida , on this day of 'ij ,2019.

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

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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

,2019.

oop, 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)

Stephen Ecenia, Esquire Craig Miller, Esquire

Suite 202, 119 South Monroe Street

Tallahassee, Florida 32301 steve@rutledge-ecenia.com crniller@rutledge-ecenia.com vicki@rutledge-ecenia.com lauren@rutledge-ecenia.com

Seann Frazier, Esquire Kristen Bond, Esquire Marc Ito, Esquire

Suite 750,215 South Monroe Street Tallahassee, Florida 32301 sfrazier@phrd.com mito@phrd.com; kbond@phrd.com

sful@phrd.com

Julia E. Smith

Assistant General Counsel

727 Mahan Drive, Mail Stop #7

Tallahassee, Florida 32308 Julia.Smith@ahca.myflorida.com

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: 19-003699CON

Orders for Case No: 19-003699CON