Petitioner: HOPE OF SOUTHWEST FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 29, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 12, 2005.
Latest Update: Nov. 12, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
HOPE OF SOUTHWEST FLORIDA, INC.,
DOAH CASE NO. 03-2013CON
Petitioner,
AHCA NO. 2003003168
Vv.
RENDITION NO.: AHCA-05-0430-FOF-OLC
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent,
and a
HOSPICE OF NAPLES, INC., = “Ed
Sonne
Intervenor. D ~
/
2 U
FINAL ORDER rm wv
ca
ow
THIS CAUSE concerms a Petition for Formal Administrative Proceeding that the
Petitioner filed on May 7, 2003; and a Petition to Intervene that the Intervenor filed on December
19, 2003.
On May 29, 2003, the Petition for Formal Administrative Proceeding was forwarded to
the Division of Administrative Hearings (‘DOAH”) by the Agency and assigned to an
Administrative Law Judge (“ALJ”).
On July 12, 2005, the ALJ issued an Order Closing File based on the Petitioner’s ore
tenus voluntary dismissal of its Petition for Formal Administrative Proceeding.
IT IS THEREFORE ORDERED AND ADJUDGED THAT:
The Petition for Formal Administrative Proceedings is dismissed, The Petition to
Intervene is dismissed as moot; and this case is now closed.
a
DONE and ORDERED this LV? day of J ul 4 , 2005, in Tallahassee,
Florida. D
Denn
ALAN LEVINE, Secretary
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 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 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 U.S. or interoffice mail to the persons named below on this S&— day of
fbgast 5 2005.
RICHARD J. SHOOP, Agency
Agency for Health Care Administration
2727 Mahan Drive, MS 3
Tallahassee, Florida 32308
(850) 922-5873
COPIES FURNISHED TO:
T. Kent Wetherell, II
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Kenneth W. Gieseking, Esquire
Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive, MS#3
Tallahassee, Florida 32308
J. Robert Griffin, Esquire
J. Robert Griffin, P.A.
1342 Timberlane Road, Suite 102-A
Tallahassee, Florida 32312-1762
Robert D. Newell, Jr., Esquire
Newell & Terry, P.A.
817 North Gadsden Street
Tallahassee, Florida 32303-6313
Wendy Adams
Facilities Intake
Elizabeth Dudek
Health Quality Assurance
STATE OF FLORIDA - a,
AGENCY FOR HEALTH CARE ADMINISTRATION a
VET QYoax oo
HOPE OF SOUTHWEST FLORIDA, INC.,
Petitioner, DOAH CASE NO. 03-2014CON
AHCA NO. 2003003166
Vv.
RENDITION NO.: AHCA-05-4 8} -FOF-OLC
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent,
and =
= 7
HOSPICE OF NAPLES, INC., “ ome
Oo
Intervenor. ) D
FINAL ORDER a
THIS CAUSE concerns a Petition for Formal Administrative Proceeding that the
Petitioner filed on May 7, 2003; and a Petition to Intervene that the Intervenor filed on
Decebmber 19, 2003.
On May 29, 2003, the Petition for Formal Administrative Proceeding was forwarded to
the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an
Administrative Law Judge (“ALJ”).
On January 4, 2005, the ALJ issued an Order Closing File based on the Petitioner’s ore
tenus voluntary dismissal of its Petition for Formal Administrative Proceeding.
IT IS THEREFORE ORDERED AND ADJUDGED THAT:
The Petition for Formal Administrative Proceedings is dismissed, The Petition to
Intervene is dismissed as moot; and this case is now closed.
r
DONE and ORDERED this (al day of J Uv , 2005, in Tallahassee,
Florida. t-.
ALAN LEVINE, Secretary
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 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 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
1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
furnished by U.S. or interoffice mail to the persons named below on this JS day of
Absa 7005.
RICHARD J. SHOOP, Agency Cle:
Agency for Health Care Administration
2727 Mahan Drive, MS 3
Tallahassee, Florida 32308
(850) 922-5873
COPIES FURNISHED TO:
T. Kent Wetherell, I
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Kenneth W. Gieseking, Esquire
Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive, MS#3
Tallahassee, Florida 32308
J. Robert Griffin, Esquire
J. Robert Griffin, P.A.
1342 Timberlane Road, Suite 102-A
Tallahassee, Florida 32312-1762
Robert D. Newell, Jr., Esquire
Newell & Terry, P.A.
817 North Gadsden Street
Tallahassee, Florida 32303-6313
Wendy Adams
Facilities Intake
Elizabeth Dudek
Health Quality Assurance
Docket for Case No: 03-002013
Issue Date |
Proceedings |
Aug. 24, 2005 |
Amended Final Order filed.
|
Aug. 08, 2005 |
Final Order filed.
|
Jul. 12, 2005 |
CASE STATUS: Hearing Held. |
Jul. 12, 2005 |
Order Closing File. CASE CLOSED.
|
Jul. 08, 2005 |
Amended Notice of Hearing (hearing set for July 12 through 15, 18 through 22 and 26 through 29, 2005; 9:00 a.m.; Tallahassee, FL; amended as to dates).
|
Jul. 05, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Filing Errata Sheets filed.
|
Jul. 01, 2005 |
Witness List filed.
|
Jul. 01, 2005 |
Hope of Southwest Florida, Inc.`s Exhibit List filed.
|
Jul. 01, 2005 |
Joint Pre-Hearing Stipulation filed.
|
Jun. 15, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum of AHCA Witnesses filed.
|
May 02, 2005 |
Order Granting Extension of Time (Intervenor shall provide Petitioner the documents required by the Order on Motions to Compel dated April 6, 2005, no later than May 6, 2005).
|
Apr. 29, 2005 |
Unopposed Motion for Enlargement of Time filed.
|
Apr. 12, 2005 |
Notice of Hearing (hearing set for July 11 through 15, 18 through 22 and 26 through 29, 2005; 9:00 a.m.; Tallahassee, FL).
|
Apr. 11, 2005 |
Stipulated Joint Response to Order of Continuance and Motion to Reshcedule Hearings filed.
|
Apr. 06, 2005 |
Order on Motions to Compel (HSWF`s Motion to Compel is moot, Hope`s Motion to Compel is moot as to the "patient level data," the "summary program data," and the "minutes, notes and correspondence related to Hope`s application", granted in part as to the "chemotherapy and radiation therapy" documents, and no later than April 29, 2005, HSWF shall, after redacting patient names and other identifying information required by law, denied as to the "vista data").
|
Apr. 04, 2005 |
Order Granting Continuance (parties to advise status by April 11, 2005).
|
Mar. 23, 2005 |
Hope of Southwest Florida, Inc.`s Response in Opposition to Hospice of Southwest Florida, Inc.`s Motion to Compel Production of Documents filed.
|
Mar. 18, 2005 |
Notice of Taking Deposition Duces Tecum filed.
|
Mar. 17, 2005 |
Notice of Hearing (hearing set for April 1, 2005; at10:00 a.m.) filed by R. Newell.
|
Mar. 16, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum filed.
|
Mar. 16, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum AHCA Witnesses filed.
|
Mar. 14, 2005 |
Hospice of Southwest Florida, Inc.`s Motion to Compel Production of Documents by Hope of Southwest Florida, Inc. filed.
|
Mar. 14, 2005 |
Hospice of Southwest Florida, Inc.`s Supplemental Response to Hope of Southwest Florida, Inc.`s Motion to Compel filed.
|
Mar. 14, 2005 |
Amended Notice of Hearing (hearing set for April 11 through 15, 18 through 22 and 27 through 29, 2005; 9:00 a.m.; Tallahassee, FL; amended as to dates).
|
Mar. 11, 2005 |
Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Motion to Compel filed.
|
Mar. 04, 2005 |
Hope of Southwest Florida, Inc.`s Motion to Compel Prodcution of Documents by Hospice of Southwest Florida, Inc. Responsive to Hope`s Second and Third Requests for Production filed.
|
Mar. 01, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum AHCA Witness filed.
|
Feb. 22, 2005 |
Order Denying Renewed Motion for Recusal.
|
Feb. 18, 2005 |
Affidavit in Support of Renewed Motion for Recusal filed.
|
Feb. 18, 2005 |
Hope of Southwest Florida, Inc.`s Renewed Motion for Recusal filed.
|
Feb. 08, 2005 |
Order Denying Motion for Recusal.
|
Feb. 04, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum filed.
|
Feb. 04, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Rule 1.310(b)(1)(6), Fla. R. Civ.P. Deposition Duces Tecum of Hospice of Southwest Florida, Inc. filed.
|
Feb. 04, 2005 |
Hope of Southwest Florida, Inc.`s Motion for Recusal filed.
|
Feb. 04, 2005 |
Notice of Taking Depositions filed.
|
Jan. 10, 2005 |
Hope of Southwest Florida, Inc.`s Notice of Deposition filed.
|
Jan. 04, 2005 |
Order Striking Portions of Petition in DOAH Case No. 03-4066CON; Serving DOAH Case No. 03-4500CON; and Relinquishing Jurisdiction to the Agency Over CON 9694.
|
Dec. 30, 2004 |
Hope of Southwest Florida, Inc.`s Response in Opposition to Hospice of Southwest Florida, Inc.`s Motion to Dismiss (filed via facsimile).
|
Dec. 28, 2004 |
Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Second Request for Production filed.
|
Dec. 28, 2004 |
Hospice of Southwest Florida, Inc.`s Notice of Service of Answers to Hope of Southwest Florida, Inc.`s First Set of Interrogatories filed.
|
Dec. 28, 2004 |
Hope of Southwest Florida, Inc.`s Notice of Service of Answers and Objections to Hospice of Southwest Florida, Inc.`s First Interrogatories filed.
|
Dec. 28, 2004 |
Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Third Requests for Production filed.
|
Dec. 28, 2004 |
Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Second Request for Production filed.
|
Dec. 28, 2004 |
Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Third Request for Production filed.
|
Dec. 13, 2004 |
Order Granting Extension of Time and Setting Hearing on Motion to Dismiss (Hope shall serve and file its response to HSWF`s Motion to Dismiss by facsimile transmisssion, electronic transmission, or hand delivery no later than 12:00p.m. on December 30, 2004).
|
Dec. 07, 2004 |
Order Setting Status Conference (status conference set for 12:00 p.m.; December 10, 2004; Tallahassee, Fl.).
|
Dec. 06, 2004 |
Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Motion for Extension of Time to File Response to Hospice of Southwest Florida, Inc.`s Motion to Dismiss; and Request for Status and Scheduling Conference filed.
|
Dec. 06, 2004 |
Hope of Southwest Florida, Inc.`s Motion for Extension of TIme to File Response to Hospice of Southwest Florida, Inc.`s Motion to Dismiss; and Request for Status and Scheduling Conference filed.
|
Nov. 30, 2004 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 30, 2004 |
Hospice of Southwest Florida, Inc.`s Notice of Rule 1.310(b)(6), Fla. R. Civ. P. Deposition Duces Tecum of Hope of Southwest Florida, Inc. filed.
|
Nov. 23, 2004 |
Hospice of Southwest Florida, Inc.`s Motion to Dismiss filed.
|
Nov. 19, 2004 |
Hospice of Southwest Florida, Inc.`s Third Requests for Production of Documents to Hospice of Southwest Florida, Inc. filed.
|
Nov. 19, 2004 |
Notice of Service of Hospice of Southwest Florida, Inc.`s First Interrogatories to Hospice of Southwest Florida, Inc. filed.
|
Nov. 19, 2004 |
Hospice of Southwest Florida, Inc.`s Third Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
|
Nov. 18, 2004 |
Hospice of Southwest Florida, Inc.`s Second Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
|
Nov. 12, 2004 |
Hospice of Southwest Florida, Inc.`s Second Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
|
Nov. 12, 2004 |
Notice of Service of Hospice of Southwest Florida, Inc.`s First Set of Interrogatories to Hope of Southwest Florida, Inc. filed.
|
Oct. 18, 2004 |
Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s First Requests for Production (filed vial facsimile).
|
Oct. 18, 2004 |
Naples` Objections to Hope`s Depositions and Hope`s Response (filed in Case No. 03-4067CON) via facsimile.
|
Oct. 18, 2004 |
Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Second Request for Production of Documents to Hospice of Southwest Florida, Inc., (filed via facsimile).
|
Oct. 08, 2004 |
Order Approving Discovery Schedule.
|
Oct. 08, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 11 through 15, 18 through 22 and 25 through 29, 2005; 9:00 a.m.; Tallahassee, FL).
|
Sep. 24, 2004 |
Joint Response to Order Granting Enlargement of Time and Proposed Discovery Schedule filed by R. Newell.
|
Sep. 24, 2004 |
Joint Motion for Continuance filed by R. Newell.
|
Sep. 10, 2004 |
Order Granting Enlargement of Time (Hospice shall have until October 1, 2004, to serve response to Petitioner`s Second Request for Production of Documents; and parties` new proposed discovery schedule due September 24, 2004).
|
Aug. 26, 2004 |
Motion for Enlargement of Time for Discovery or in the Alternative for Protective Order filed by Hospice of Southwest Florida, Inc.
|
Aug. 17, 2004 |
Hospice of Southwest Florida, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
|
Aug. 16, 2004 |
Hope of Southwest Florida, Inc.`s Second Request for Production of Documents to Hospice of Southwest Florida, Inc. (filed via facsimile).
|
Aug. 04, 2004 |
Hope of Southwest Florida, Inc.`s First Request for Production of Documents to Hospice of Southwest Florida, Inc.filed.
|
Jul. 28, 2004 |
Notice of Voluntary Dismissal filed by Petitioner.
|
Jul. 16, 2004 |
Notice of Appearance and Substitution of Counsel (filed by K. Gieseking, Esquire).
|
Jul. 14, 2004 |
Order Establishing Discovery Schedule.
|
Jul. 14, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 29 through December 3, 6 through 10 and 13 through 17, 2004; 9:00 a.m.; Tallahassee, FL).
|
Jul. 09, 2004 |
Hope of Southwest Florida, Inc.`s First Request for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
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Jul. 08, 2004 |
Amended Notice of Telephonic Status Conference filed by R. Newell, Jr.
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Jul. 08, 2004 |
Notice of Withdrawal filed by R. Saliba.
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Jul. 08, 2004 |
Joint Motion for Continuance and Re-scheduling of Formal Administrative Hearing and to Establish Certain Discovery Deadlines (filed via facsimile).
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Jul. 07, 2004 |
Notice of Telephonic Status Conference filed by R. Newell, Jr.
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Jun. 25, 2004 |
Order Requiring Status Conference. (parties shall coordiante amongst themselves and with the undersigned secretary to schedule a telephone conference, preferably during the week of July 5-9 or July 12-16, 2004)
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Jun. 21, 2004 |
Hospice of Southwest Florida, Inc.`s First Request for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
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Jun. 21, 2004 |
Notice of Service of Hospice of Southwest Florida, Inc.`s First Set of Interrogatories to Heartland Hospice Services of Florida, Inc. filed.
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May 11, 2004 |
Notice of Taking Deposition Duces Tecum (R. Hildebrant, S. Girvin, and Representative of Moore Stephens Lovelace, P.A.) filed.
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Feb. 06, 2004 |
Amended Notice of Hearing (hearing set for October 25 through 29, November 1 through 5, 8 through 10 and November 12, 2004; 9:00 a.m.; Tallahassee, FL, amended as to addition of consolidated cases).
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Jan. 07, 2004 |
Order. (Hospice of Southwest Florida, Inc.`s Petition to Intervene is granted).
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Dec. 19, 2003 |
Hospice of Southwest Florida, Inc.`s Petition to Intervene filed.
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Dec. 18, 2003 |
Order of Consolidation (Case 03-004500CON was added to the consolidated batch).
|
Dec. 10, 2003 |
Order of Consolidation (Case No. 03-002013 was added to the consolidated batch).
|
Nov. 20, 2003 |
Letter to Judge Hixson from R. Griffin regarding the date and time of the scheduling conference (filed via facsimile).
|
Sep. 08, 2003 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by December 8, 2003).
|
Sep. 05, 2003 |
Joint Motion for Continuance and to Place Case in Abeyance filed by J. Griffin.
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Aug. 12, 2003 |
Response to Notice to Interested Persons filed by Petitioner.
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Jul. 31, 2003 |
Order. (Respondent`s request is granted; and the Respondent is directed to notify any interested absent persons which the Respondent is aware of within 10 days, for purposes of allowing such persons the opportunity to be joined as a party of record)
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Jun. 23, 2003 |
Order Denying Respondent`s Motion for Remand/Motion for Abeyance and Motion to Consolidate.
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Jun. 23, 2003 |
Order of Pre-hearing Instructions.
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Jun. 23, 2003 |
Notice of Hearing (hearing set for October 14 through 17, 2003; 9:00 a.m.; Tallahassee, FL).
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Jun. 23, 2003 |
Respondent`s Request for Issuance of Notice to Interested Parties Pursuant to Rule 28-106.109 FAC (filed via facsimile).
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Jun. 23, 2003 |
Notice of Clarification Regarding the Agency`s Motion for Abeyance Previously Filed in the Above Referenced Matter (filed by Respondent via facsimile).
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Jun. 16, 2003 |
Response in Opposition to Respondent`s Motion for Remand/Motion for Abeyance Motion to Consolidate filed by Petitioner.
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Jun. 09, 2003 |
Motion for Remand/Motion for Abeyance and Motion to Consolidate (of case nos. 03-2013, 03-2014) filed by Respondent.
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Jun. 09, 2003 |
Joint Response to Initial Order filed.
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Jun. 05, 2003 |
Notice of Appearance (filed by R. Saliba via facsimile).
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May 30, 2003 |
Initial Order issued.
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May 29, 2003 |
Notice of No Change to the Fixed Need Pool filed.
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May 29, 2003 |
Letter of Intent for an Additional Hospice Program in AHCA Hospice Service 8A, HOPE of Southwest Florida, Inc. filed.
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May 29, 2003 |
Notification of Error in Fixed Pool Publication - All Hospice Service Areas filed.
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May 29, 2003 |
Petition for Formal Administrative Proceeding Hospice Service Area 8A Fixed Need Pool Challenge filed.
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May 29, 2003 |
Notice (of Agency referral) filed.
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