Petitioner: VITAS OF NORTH FLORIDA, INC.
Respondent: LAKE AND SUMTER, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 10, 2002.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
VITAS OF NORTH FLORIDA, INC.,
Petitioner,
vs.
HOSPICE OF LAKE & SUMTER, INC.,
and AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondents,
and
LIFEPATH, INC., d/b/a LIFEPATH
HOSPICE and GOOD SHEPARD HOSPICE
OF MID-FLORIDA, INC.,
Intervenors.
HOSPICE OF LAKE & SUMTER, INC.,
Petitioner,
vs.
VITAS OF NORTH FLORIDA, INC.,
and AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondents,
and
LIFEPATH, INC., d/b/a LIFEPATH
HOSPICE and GOOD SHEPARD HOSPICE
OF MID-FLORIDA, INC.,
Intervenors.
Case No. 01-3291COR
CON No. 9438.
Case No. 01-4646CON
CON No. 9439
FINALORDER iL cc IU Go 4H °02
THIS CAUSE CAME before me for the purpose of issying, a final ‘agency order, upon an
order of Administrative Law Judge Eleanor M. Hunter, attached seal WR missing the case, it
appearing from Vitas’ Notice of Voluntary Dismissal, Lifepath’s Notice of Voluntary Dismissal,
Hospice’s Notice of Voluntary Dismissal and Motion for Remand, attached hereto, that there are
no disputed issues of fact.
FINDINGS OF FACT
1. On April 4, 2002, Petitioner, Vitas filed its Notice of Voluntary Dismissal. On
April 4, 2002, Intervenor, Lifepath filed its Notice of Voluntary Dismissal. On April 8, 2002,
Hospice filed its Notice of Voluntary Dismissal and its Motion for Remand. On April 10, 2002,
Administrative Law Judge Hunter entered the Order Closing File
2. The Agency hereby adopts and incorporates by reference the attached Notices of
Voluntary Dismissal, Motion for Remand and Order Closing File.
3. There are no remaining disputes in this case.
CONCLUSIONS OF LAW
The Agency for Health Care Administration has jurisdiction over the parties and subject
matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2001).
Based on the foregoing,
IT IS ADJUDGED THAT:
The above-styled case is DISMISSED and Certificate of Need (CON) Application
Number 9438 to establish a new hospice unit in AHCA District 6 is denied and Certificate of
Need (CON) Application Number 9439 to establish a new hospice unit in AHCA District 6 is
approved and shall be issued.
DONE and ORDERED this_18 day of July 2002, in Tallahassee, Florida.
rah M. Medows, MD, Secretary
Agency for Health Care Administration
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF
A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND
COPY, ALONG WITH THE FILING FEES AS 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST
BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Michael J. Glazer, Esq.
Ausley & McMullen
227 South Calhoun Street
P.O. Box 391
Tallahassee, Florida 32301
Robert D. Newell, Jr., Esq.
Newell & Terry, P.A.
817 North Gadsden Street
Tallahassee, Florida 32302-6313
W. David Watkins, Esq.
Watkins & Caleen, P.A.
1725 Mahan Drive, Suite 201
P.O. Box 15828
Tallahassee, Florida 323 17-5828
H. Darrell White, Esq.
McFarlain & Cassedy, P.A.
215 South Monore Street, Suite 600
P.O. Box 2174
Tallahassee, Florida 32316-2174
John F. Gilroy, Senior Counsel
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
Eleanor M. Hunter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
CON Office
Mail Stop #28
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail, this | 4 May of July 2002, to the above-named people.
Luhud nso
Lealand McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
JFG/sr
Docket for Case No: 01-003291CON
Issue Date |
Proceedings |
Jul. 22, 2002 |
Final Order filed.
|
Apr. 10, 2002 |
Order Closing File issued. CASE CLOSED.
|
Apr. 08, 2002 |
Hospice of Lake & Sumter, Inc.`s Motion for Remand (filed via facsimile).
|
Apr. 08, 2002 |
Hospice of Lake & Sumter, Inc.`s Notice of Voluntary Dismissal (filed via facsimile).
|
Apr. 05, 2002 |
Lifepath`s Notice of Voluntary Dismissal filed.
|
Apr. 04, 2002 |
Vitas of North Florida, Inc.`s Notice of Voluntary Dismissal filed.
|
Apr. 03, 2002 |
Order on Motion to Expedite Discovery issued.
|
Apr. 03, 2002 |
Order Granting Interventions issued (Lifepath, Inc., d/b/a Lifepath Hospice and Good Shepherd Hospice of Mid-Florida, Inc.).
|
Mar. 29, 2002 |
Good Shepherd`s Notice of Service of Answers to Vitas` First Set of Interrogatories filed.
|
Mar. 29, 2002 |
Good Shepherd`s Response to Vitas` First Request for Production filed.
|
Mar. 28, 2002 |
Vitas of North Florida, Inc.`s First Interrogatories to Lifepath, Inc. d/b/a Lifepath Hospice filed.
|
Mar. 28, 2002 |
Notice of Service of Answers to Vitas of North Florida, Inc.`s First Set of Interrogatories to Lifepath, Inc. d/b/a Lifepath Hospice filed.
|
Mar. 28, 2002 |
Lifepath`s Response to Vitas` First Request for Production filed.
|
Mar. 25, 2002 |
Good Shepherd`s Response to Motion to Expedite Discovery Responses (filed via facsimile).
|
Mar. 19, 2002 |
Vitas of North Florida, Inc.`s Notice of Service of it`s First Interrogatories to Lifepath, Inc. d/b/a Lifepath Hospice
|
Mar. 19, 2002 |
Vitas of North Florida, Inc.`s Notice of Service of it`s First Interrogatories to Good Shepherd Hospice of Mid-Florida, Inc. filed. |
Mar. 19, 2002 |
Motion to Expedite Discovery Responses from Intervenors Lifepath and Good Shepherd filed.
|
Mar. 19, 2002 |
Vitas of North Florida, Inc.`s First Request for Production to Lifepath, Inc. d/b/a Lifepath Hospice filed.
|
Mar. 19, 2002 |
Vitas of North Florida, Inc.`s First Request for Production to Good Shepherd Hospice of Mid-Florida, Inc. filed.
|
Mar. 19, 2002 |
Petition to Intervene filed by Good Shepherd.
|
Mar. 18, 2002 |
Petition to Intervene filed by Lifepath.
|
Mar. 11, 2002 |
Notice of Taking Deposition Duces Tecum, C. Augsburger filed.
|
Feb. 27, 2002 |
Notice of Service of Answers to Vitas of North Florida, Inc.`s First Set of Interrogatories to Hospice of Lake & Sumter, Inc. (filed by Lake & Sumter via facsimile).
|
Feb. 27, 2002 |
Response to Vitas of North Florida, Inc.`s First Request for Admissions to Hospice of Lake & Sumter, Inc. (filed by Lake & Sumter via facsimile).
|
Feb. 27, 2002 |
Response to Vitas of North Florida, Inc.`s First Request for Production to Hospice of Lake & Sumter, Inc. (filed by Lake & Sumter via facsimile).
|
Feb. 25, 2002 |
Vitas of North Florida, Inc.`s Notice of Service of Answers to Hospice of Lake & Sumter, Inc.`s First Interrogatories filed.
|
Feb. 25, 2002 |
Vitas of North Florida, Inc.`s Response to Request for Production of Documents filed.
|
Jan. 15, 2002 |
Vitas of North Florida, Inc. First Request for Admissions to Hospice of Lake & Sumter, Inc. filed.
|
Jan. 14, 2002 |
Vitas of North Florida, Inc.`s Notice of Service of its First Interrogatories to Hospice of Lake & Sumter, Inc. filed.
|
Jan. 14, 2002 |
Vitas of North Florida, Inc.`s First Request for Production to Hospice of Lake & Sumter, Inc. filed.
|
Jan. 11, 2002 |
Hospice of Lake & Sumter, Inc.`s First Request for Production of Documents to Vitas of North Florida, Inc. (filed via facsimile).
|
Jan. 11, 2002 |
Notice of Service of Hospice of Lake & Sumter, Inc.`s First Set of Interrogatories to Vitas of North Florida, Inc. (filed via facsimile).
|
Jan. 07, 2002 |
Order of Pre-hearing Instructions issued.
|
Jan. 07, 2002 |
Notice of Hearing issued (hearing set for April 29 through May 3, 2002; 9:00 a.m.; Tallahassee, FL).
|
Dec. 28, 2001 |
Response to Initial Order filed by Vitas of North Florida, Inc.
|
Dec. 21, 2001 |
Letter to Judge Hunter from M. Glazer confirming acceptability of extension of time to file response to initial order filed.
|
Dec. 11, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-003291CON, 01-004646CON)
|
Aug. 30, 2001 |
Response to Initial Order filed by Petitioner.
|
Aug. 29, 2001 |
Notice of Appearance (filed by W. D. Watkins via facsimile).
|
Aug. 20, 2001 |
Initial Order issued.
|
Aug. 17, 2001 |
Notice of Intent filed.
|
Aug. 17, 2001 |
Petition for Formal Administrative Hearing filed.
|
Aug. 17, 2001 |
Notice (of Agency referral) filed.
|