Petitioner: LIFE CARE HEALTH RESOURCES, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 5, 2003.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION’ / a
LIFE CARE HEALTH RESOURCES, INC.,
Ol 200
Petitioner,
Case No * ie ie )
vs ony CON Nos, 9363, 8364, 9367
STATE OF FLORIDA, AGENCY FOR HEALTH CARE Case No. 01-0301
ADMINISTRATION, CON Nos. 9362, 9366
Respondent. Case No. 01-0302
/ CON No. 9365
FINAL ORDER
The Agency for Health Care Administration having entered into a Settlement Stipulation
with the party hereto to these proceedings, and being otherwise well advised in the premises,
decides as follows:
1. The attached Settlement Stipulation is approved and adopted as a part of this Final
Order and the parties are directed to comply with the terms of the Settlement Stipulation.
2. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are
directed to comply with the terms and conditions of the Settlement Stipulation and that the
following CON transfers shall be approved and the applicable CON shall be issued to Petitioner:
(a) CON Transfer Application Nos. 9363, 9364, and 9367 from Vantage Healthcare Corporation
to Petitioner to construct a 120- bed skilled nursing facility in Duval County, AHCA District 4,
Subdistrict 3; (6) CON Transfer Application Nos. 9362 and 9366 from National Healthcare
Corporation to Petitioner to construct an 81-bed skilled nursing facility in Brevard County,
AHCA District 7, Subdistrict 1; and (c) CON Transfer Application No. 9365 from National
Healthcare Corporation to Petitioner to construct a 120-bed skilled nursing facility in Escambia
County, AHCA District 1, Subdistrict 1. All of the foregoing m meet ot the CON | review W criterion for
each of the Proposed projects, -
ory:
COTTON PETE one or oe
were
tae aa
DONE and ORDERED this <4 day of November, 2001 in Tallahassee, Leon County,
Florida. ~ :
Copies furnished to:
John F. Gilroy, Senior Counsel
Agency for Health Care Administration
(Inter-office mail)
R. Bruce McKibben, Jr., Esq.
R. Bruce McKibben, P.A.
P.O. Box 1798
Tallahassee, Florida 32302-1798
(U.S. Mail)
David Maloney, ALJ
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(U.S. Mail) St eee
POP RPM Ter
Laura MacLafferty, CON
(Mail Stop #28)
Karen Rivera, CON
(Mail Stop #28)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the above named addressees on this a re November, 2001.
Diane Grubbs, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
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Stead
aa
16/83/2681 13:41 858-9429524 R BRUCE MCKIBBEN PA =
OCT-@8-2861 17:31 LIFE CARE LEGAL 14233398339 eas
STATE OF FLORA -
DIVISION OF ADMINISTRATIVE HEARINGS
LIFE CARE HEALTH RESOURCES, INC.,
. Petitioner,
: , Case Nos. 01-0300
01-0301, 01-0302
AGENCY FOR HEALTH CARE ADMINISTRATION,
_ Respondent. a ~ - Be tae a pet Sri iii
TTL Ss IN
Come now the parties hereto and submit the following Ser] :ment Stipulation,
settling all issues pending in this matter and further stating as follows:
1 The sole remaining issue in this matter for resolution tt -inal hearing is whether
the Pettioner, Life Care Health Resources, Inc., bag ihe available regources to
finance, as cantemplated by Section 408.035(6), Flor da Statutes, the projects
proposed by Certificates of Need Nos. 9362/9366, 9: 65 and 9363/9364/9367
(collectively referred to herein as the “CONs”),
2. The Petitioner has submitted 1o Respondent certain f na .cial documentation
which purports to resolve the isgue of Petitioner’s ab lit’ to finance the project.
3. Based upon the Agency’s review of Respondent’s fir an:ial information, the
parties are now in agreement that Life Care Health Resvurces, Inc. meets the
certificate of need review criterion set forth in Section 4 08.035(6), Florida
Statutes, for each of the proposed projects and that 110 : ssue¢ remain in dispute.
4. Each of the parties hereto shall be responsible for the is own costs und attorneys
foes asgociated with this matter.
}
;
_ (48/83/2801
OCT-@8-2021
13:41
17:31
858-9428524 R BRUCE MCKI :
LIFE CARE LEGAL MTEEN PA 14233398339 nen 4
The parties further stipulate and agree that this matter 1 y be remanded back
to the Agency for Health Care Adminiatration for the pur sose of onteinga
Final Order approving the CON applications at issue ia this consolidated
proceeding.
The Petitioner for itself and for its related or resulting or sanization successors
or transfereea, attomeys, heirs, and executors or adminis rators, does hereby
discharge the State of Florida, Agency for Health Care / dministration, and it’s oe
agents, representatives from all claims, demands, actl:ns, causes of action,
suits, losses and expenses, of any and every nature what ever, arising in any
way related to this matter and the Agency’s actiona, including but not limited
to, any claims that were or wry be asserted in any state sourt or adminisirative
forum, including any claims arising from this agreement, by or on behalf of the
Petitioner or it's related facilities.
FOR THE PETITIONER FOR THE RE SPONDENT
Agency for. H-alth Care
RICHARD FA
sq.
Life Care Centers of Amtecica, Inc.
Post Office Box 3480
Cleveland, TN 34320-3480 Tallahasser:, IL 32308
Ap
WILLIAM ROBERTS, Esq.
Acting Gere al Counsel
2727 Mahin Drive
Talahasser, 7L 32308
TOTAL, P.@4
Utena ree
rome
i iia i cee, ee
Docket for Case No: 01-000301CON
Issue Date |
Proceedings |
Aug. 05, 2003 |
Order Closing File. CASE CLOSED.
|
Aug. 05, 2003 |
Order Closing File. CASE CLOSED.
|
Nov. 28, 2001 |
Final Order filed.
|
Oct. 17, 2001 |
Notice of Taking Deposition, T.K. Wetherell (filed via facsimile). |
Aug. 30, 2001 |
Notice of Appearance and Substition of Counsel (filed by Respondent via facsimile).
|
Jul. 31, 2001 |
Order Granting Continuance issued (parties to advise status by September 6, 2001).
|
Jul. 30, 2001 |
Agreed Motion for Continuance (filed via facsimile).
|
Jun. 19, 2001 |
Cross Notice of Taking Deposition Duces Tecum (D. Weiss) filed.
|
Apr. 06, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 7, 2001; 9:00 a.m.; Tallahassee, FL).
|
Mar. 19, 2001 |
Agreed Motion for New Hearing Date (filed by B. McKibben via facsimile).
|
Feb. 13, 2001 |
Notice of Filing, Stipulation as to Issues for Final Hearing filed R. McKibben, Jr. and R. Patterson.
|
Feb. 05, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 05, 2001 |
Notice of Hearing issued (hearing set for July 26, 2001; 9:00 a.m.; Tallahassee, FL).
|
Feb. 01, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-000300, 01-000301, 01-000302)
|
Jan. 31, 2001 |
Agreed Motion to Consolidate and Response to Initial Orders (01-300, 01-301 and 01-302 filed via facsimile).
|
Jan. 24, 2001 |
Initial Order issued.
|
Jan. 23, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jan. 23, 2001 |
Notice (of Agency referral) filed.
|