Elawyers Elawyers
Washington| Change

LIFE CARE HEALTH RESOURCES, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-000301CON (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000301CON Visitors: 15
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 eee ee ot 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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer