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KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND WEST KENDALL BAPTIST HOSPITAL, INC., 03-002822CON (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002822CON Visitors: 12
Petitioner: KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION AND WEST KENDALL BAPTIST HOSPITAL, INC.
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 31, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 28, 2004.

Latest Update: Jul. 01, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINIST#ORRO Gane n'y gag ow KENDALL HEALTHCARE GROUP, LTD, d/b/a KENDALL REGIONAL MEDICAL CENTER, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION and WEST KENDALL BAPTIST HOSPITAL, INC., Respondents, MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION and KENDALL HEALTHCARE GROUP, LTD, Respondents, FILED ‘Dim DOAH CASE NO. 03-2822CON AHCA NOS. CON9674 & CON 9675” DOAH CASE NO. 03-2954CON AHCA NO. CON9675 FRAES NO, 2003005109 AGENCY FOR WEST KENDALL BAPTIST HOSPITAL INC., Petitioner, DOAH CASE NO. 03-3096CON vs. AHCA NOS. CON9675 & CON9674 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / FINAL ORDER This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of Dismissal of March 12, 2004, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTIONS No exceptions were filed. FINDINGS OF FACT The Agency adopts the Findings of Fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Agency adopts the Conclusions of Law set forth in the Recommended Order. IT IS THEREFORE ADJUDGED THAT: The petition of Mount Sinai Medical Center of Florida in DOAH Case 03-2954 (CON9675) is dismissed for lack of standing. Please note that this final order does not address DOAH Cases 03-2822 and 03-3096. DONE and ORDERED this q day of May , 2004, in Tallahassee, Florida. , INTERIM 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 furnish . Mail, or by the method indicated, to the persons named below on this LPday , 2004, Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Tom R. Moore, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, FL 32301 Geoffrey D. Smith, Esquire Susan C. Hauser, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, FL 32302-3068 Elizabeth Dudek, Deputy Secretary Wendy Adams Facilities Intake

Docket for Case No: 03-002822CON
Issue Date Proceedings
Oct. 18, 2004 Final Order filed.
Jun. 28, 2004 Order Closing File. CASE CLOSED.
Jun. 23, 2004 Notice of Voluntary Dismissal filed by S. Ecenia.
Jun. 22, 2004 Notice of Voluntary Dismissal filed by R. Weiss via facsimile.
May 20, 2004 Final Order filed.
Mar. 18, 2004 Notice of Telephonic Hearing (filed by G. Smith via facsimile).
Mar. 12, 2004 Confidentiality Order.
Feb. 03, 2004 Letter to Judge Maloney from S. Hauser regarding attached proposed confidentiality order filed.
Jan. 30, 2004 Order Announcing Determination (the hearing scheduled for the second part of these bifurcated proceedings is cancelled).
Jan. 29, 2004 AHCA`s Brief and Proposed Recommended Order on Mount Sinai`s Lack of Standing filed.
Jan. 29, 2004 Proposed Recommended Order of Mount Sinai Medical Center filed.
Jan. 29, 2004 Kendall`s Memorandum of Law in Support of its Proposed Recommended Order as to Mount Sinai`s Standing filed.
Jan. 29, 2004 Kendall Healthcare Group, Ltd. d/b/a Kendall Regional Medical Center Proposed Recommended Order filed.
Jan. 28, 2004 Order (on Notice of Objections to Depositions).
Jan. 28, 2004 Order (Motion for Entry of Prehearing Order is granted).
Jan. 26, 2004 Transcript (Volumes 1, 2 and 3) filed.
Jan. 26, 2004 Response in Opposition to Kendall`s Notice of Objections to Depositions and Alternative Motion to Reopen Record for Additional Testimony (filed via facsimile).
Jan. 22, 2004 Motion for Entry of Prehearing Order (filed by R. Weiss via facsimile).
Jan. 22, 2004 Notice of Telephone Deposition (A. Mendez) filed via facsimile.
Jan. 20, 2004 Notice of Objections to Depositions (A. Pallin, A. Mendez, K. Moyer and G. McLean) filed by S. Ecenia.
Jan. 16, 2004 Notice of Filing Errata Sheet filed by S. Ecenia.
Jan. 16, 2004 Letter to Judge Maloney from S. Ecenia regarding enclosed exhibits filed.
Jan. 14, 2004 CASE STATUS: Hearing Partially Held; continued to
Jan. 12, 2004 Amended Notice of Hearing (hearing set for January 14, 2004; 1:00 p.m.; January 15, 2004; 8:30 a.m.; March 1 through 5, 8 through 12 and 15 through 19, 2004; 9:00 a.m.; Tallahassee, FL, amended as to start time of hearing).
Jan. 12, 2004 Kendall`s Response to Baptist`s First Request for Production of Documents filed.
Jan. 12, 2004 Kendall`s Response to Baptist`s First Request for Admissions filed.
Jan. 12, 2004 Notice of Service of Kendall`s Answers and Objections to Baptist`s First Set of Interrogatories filed.
Jan. 08, 2004 Amended Notice of Taking Deposition Duces Tecum (J. Gregg) filed via facsimile.
Jan. 07, 2004 Notice of Taking Deposition Duces Tecum (J. Gregg) filed via facsimile.
Dec. 31, 2003 Kendall Regional Medical Center`s Second Request for Production of Documents to West Kendall Baptist Hospital, Inc. filed.
Dec. 23, 2003 Amended Notice of Hearing (hearing set for January 14, January 15, 1 through 5, 8 through 12 and 15 through 19, 2004; 9:00 a.m.; Tallahassee, FL, amended as to dates of hearing for the issue of standing).
Dec. 17, 2003 Notice of Telephone Conference filed by R. Ellis.
Dec. 05, 2003 Baptist`s First Request for Admissions to Kendall filed.
Dec. 03, 2003 Baptist`s Notice of Serving First Interrogatories to Kendall (filed via facsimile).
Nov. 12, 2003 Order. (the motion to view is denied, Hearing on the "standing" portion of the case is scheduled for January 8 and 9, 2004, in Tallahassee).
Nov. 12, 2003 Amended Notice of Hearing (hearing set for January 8 through 9, March 1 through 5, 8 through 12 and 15 through 19, 2004; 9:00 a.m.; Tallahassee, FL, amended as to dates of hearing).
Nov. 10, 2003 Notice of Telephone Hearing filed by R. Ellis.
Nov. 10, 2003 Notice of Telephonic Hearing (filed by K. Putnal via facsimile).
Nov. 07, 2003 Kendall Healthcare Group, Inc.`s Fourth Request for Production of Documents to Mount Sinai Medical Center, Inc. filed.
Nov. 07, 2003 West Kendall`s Response to Order Granting Continuance and Re-scheduling Hearing (filed via facsimile).
Nov. 05, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 18 and 19, 2003; 9:00 a.m.; Tallahassee, FL).
Nov. 04, 2003 Kendall`s Motion to Preclude Evidence of Adverse Financial Impact at Hearing for Mount Sinai`s Failure to Produce "Turnaround Plan", or, Alternatively, Motion to Allow Late filed Deposition Testimony by Kendall Expert Witnesses filed.
Nov. 04, 2003 Notice of Taking Videotaped Deposition of Jeff Gregg filed.
Nov. 04, 2003 Order. (with the exception of the documents subject to Request No. 15, Mount Sinai`s emergency motion is denied. With regard to the documents subject to Request No. 15, they shall be produced if they exist. Kendall`s emergency motion is denied).
Nov. 04, 2003 Kendall`s Motion for Administrative Law Judge to View Mount Sinai, Miami Heart, Kendall, and Site of Proposed Tamiami Hospital filed.
Nov. 04, 2003 Notice of Taking Videotaped Deposition of Darryl Weiner filed.
Nov. 03, 2003 Mount Sinai`s Response in Opposition to Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Paragraph`s 52 and 53 of First Request for Production of Documents, or Alternatively, Motion to Preclude Evidence of Adverse Financial Impact at Hearing (filed via facsimile).
Nov. 03, 2003 Supplement to Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Paragraphs 52 and 53 of First Request for Production of Documents, or, Alternatively, Motion to Preculde Evidence of Adverse Financial Impact at Hearing filed.
Oct. 31, 2003 Order. (the motion to compel is granted with regard to Request No. 3. Mount Sinai is ordered to produce the "turnaround plan" referred in the request as soon as a confidentiallity agreement is executed by the parties).
Oct. 31, 2003 Notice of Continuation of Telephone Hearing filed by R. Ellis.
Oct. 31, 2003 Second Amended Notice of Taking Deposition Duces Tecum of Daniel Sullivan filed.
Oct. 31, 2003 Amended Notice of Telephone Hearing (filed by R. Ellis via facsimile).
Oct. 31, 2003 Mount Sinai`s Response in Opposition to Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Kendall`s Third Request for Production of Documents, or Alternatively, Motion to Preclude Evidence of Adverse Financial Impact at Hearing (filed via facsimile).
Oct. 31, 2003 Notice of Telephonic Hearing (filed by M. Lyon via facsimile).
Oct. 31, 2003 Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Paragraphs 52 and 53 of First Request for Production of Documents, or, Alternatively, Motion to Preclude Evidence of Adverse Financial Impact at Hearing (filed via facsimile).
Oct. 30, 2003 Addendum to Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Third Request for Production of Documents, or, Alternatively, Motion to Preclude Evidence of Adverse Financial Impact at Hearing filed.
Oct. 30, 2003 Notice of Telephone Hearing filed by R. Ellis.
Oct. 30, 2003 Kendall`s Opposition to Mount Sinai`s Emergency Motion to Compel Kendall to Produce Documents Responsive to Mount Sinai`s First Request for Production of Documents, or Alternative, Motion to Preclude Evidence of Lack of Adverse Impact at Hearing filed.
Oct. 29, 2003 Mount Sinai`s Emergency Motion to Compel Kendall to Produce Documents Responsive to Mount Sinai`s First Request for Production of Documents, or Alternatively, Motion to Preclude Evidence of Lack of Adverse Impact at Hearing (filed via facsimile).
Oct. 29, 2003 Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to Third Request for Production of Documents, or, Alternatively, Motion to Preclude Evidence of Adverse Financial Impact at Hearing filed.
Oct. 29, 2003 Third Amended Notice of Taking Depositions Duces Tecum of Mount Sinai Witnesses, M. Gelb, A. Perry, S. Sonnenreich, G. McLean, A. Mendez filed.
Oct. 28, 2003 Mount Sinai`s Response to Kendall Healthcare Group, Inc.`s Third Request for Production of Documents (filed via facsimile).
Oct. 28, 2003 Corporate Representative(s) of Cedars Healthcare Group, Ltd, d/b/a Cedars Medical Center) filed.
Oct. 28, 2003 Notice of Taking Deposition Duces Tecum (3), (Corporate Representative(s) of Miami Beach Healthcare Group, Ltd. d/b/a Aventura Hospital and Medical Center, Corporate Representative(s) of Kendal Healthcare Group, Ltd. d/b/a Kendal Regional Medical Center, and etc.
Oct. 24, 2003 Notice of Taking Deposition Duces Tecum (G. Nelson) filed via facsimile.
Oct. 24, 2003 Amended Notice of Taking Deposition Duces Tecum Daniel Sullivan filed.
Oct. 21, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 6 and 7, 2003; 9:00 a.m.; Tallahassee, FL).
Oct. 20, 2003 Joint Motion for Second Continuance of Preliminary Hearing filed by R. Ellis.
Oct. 20, 2003 Notice of Cancellation of Deposition of Daniel Sullivan filed.
Oct. 20, 2003 Notice of Taking Deposition Duces Tecum of Daniel Sullivan filed.
Oct. 10, 2003 Notice of Service of Mount Sinai Medical Center of Florida, Inc.`s Amended Answers to Kendall Healthcare Group, Inc.`s Second Set of Interrogatories (filed via facsimile).
Oct. 10, 2003 Kendall Healthcare Group, Inc.`s Third Request for Production of Documents to Mount Sinai Medical Center, Inc. filed.
Oct. 08, 2003 Notice of Substitution of Counsel and Request for Service (filed by T. Moore, Esquire, via facsimile).
Sep. 24, 2003 Notice of Conflict (filed by R. Saliba via facsimile).
Sep. 18, 2003 Kendall Healthcare Group, Ltd.`s Response to Mount Sinai Medical Center of Florida, Inc.`s First Request for Production of Documents filed.
Sep. 18, 2003 Notice of Service of Kendall Healthcare Group, Inc.`s Answers and Objections to Mount Sinai Medical Center of Florida, Inc.`s First Set of Interrogatories filed.
Sep. 18, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 28 and 29, 2003; 9:00 a.m.; Tallahassee, FL).
Sep. 12, 2003 Notice of Cancellation of Depositions of Mount Siani Witnesses filed by Kendall.
Sep. 12, 2003 Joint Motion for Continuance of Preliminary Hearing (filed by R. Ellis via facsimile).
Sep. 12, 2003 Mount Sinai`s Response to Kendall Healthcare Group, Inc.`s First Request for Production of Documents (filed via facsimile).
Sep. 12, 2003 Mount Sinai`s Response to Kendall Healthcare Group, Inc.`s Second Request to Produce Documents (filed via facsimile).
Sep. 12, 2003 Notice of Service of Mount Sinai Medical Center of Florida, Inc.`s Answers to Kendall Healthcare Group, Inc.`s Second Set of Interrogatories (filed via facsimile).
Sep. 09, 2003 Medical Center and Designated Corporate Representative(s) of Cedars Healthcare Group, Ltd. d/b/a Cedars Medical Center)
Sep. 09, 2003 Notice of Taking Deposition Duces Tecum (2), (Designated Corporate Representative(s) of Miami Beach Healthcare Group, Ltd. d/b/a Aventura Hospital and etc. filed.
Sep. 09, 2003 Second Amended Notice of Taking Depositions Duces Tecum of Mount Sinai Witnesses (S. Sonnenreichm, A. Mendez, Chairman, Mount Sinai Board of Directors, A. Perry, Human Resources Director and any Witnesses Intended to be called by Mount Sinai) filed.
Sep. 09, 2003 Kendall`s Emergency Motion to Compel Mount Sinai to Produce Documents Responsive to First Request for Production of Documents filed.
Sep. 08, 2003 Order. (the motions to expedite discovery are granted)
Sep. 08, 2003 Order of Consolidation Case(s): 03-003096CON was added to the consolidated batch.
Sep. 08, 2003 Amended Notice of Taking Deposition Duces Tecum of Mount Sinai Witnesses (S. Sonnenreich, A. Mendez, Chairman, Mount Sinai Board of Directors, A. Perry, Human Resources Director and Any Witnesses Intended to be Called by Mount Sinai at the Hearing on September 29-30, 2003) filed.
Sep. 05, 2003 Notice of Service of Mount Sinai`s Answers to Kendall Healthcare Group, Inc.`s First Set of Interrogatories (filed via facsimile).
Sep. 05, 2003 Mount Sinai`s Objection to Kendall Healthcare Group, Ltd.`s First Request for Production of Documents and Mount Sinai`s Motion for Protective Order (filed via facsimile).
Sep. 04, 2003 Notice of Taking Deposition Duces Tecum of Mount Sinai Witnesses filed.
Sep. 04, 2003 Notice of Service of Mount Sinai Medical Center of Florida, Inc.`s First Set of Interrogatories to Kendall Healthcare Group, Inc. filed.
Sep. 04, 2003 Mount Sinai Medical Center of Florida, Inc.`s First Set of Interrogatories to Kendall Healthcare Group, Inc. filed.
Sep. 04, 2003 Mount Sinai`s First Request for Production of Documents to Kendall Healthcare Group, Ltd. filed.
Sep. 04, 2003 Response to Kendall`s Motion to Expedite Discovery and Mount Sinai`s Motion to Expedite Discovery filed.
Aug. 29, 2003 Kendall`s Motion to Expedite Discovery in Advance of Preliminary Hearing on Mount Sinai`s Standing filed.
Aug. 29, 2003 Kendall Healthcare Group, Inc.`s Second Request for Production of Documents to Mount Sinai Medical Center, Inc., filed.
Aug. 29, 2003 Kendall Healthcare Group, Inc.`s Second Set of Interrogatories to Mount Sinai Medical Center of Florida, Inc., filed.
Aug. 29, 2003 Notice of Service of Kendall Healthcare Group, Inc.`s Second Set of Interrogatories to Mount Sinai Medical Center of Florida, Inc. filed.
Aug. 26, 2003 Amended Notice of Hearing (hearing set for September 29 and 30, 2003; 9:00 a.m.; Tallahassee, FL, amended as to dates of hearing).
Aug. 26, 2003 Order. (motion for bifurcated hearing and continuance of final hearing is granted)
Aug. 26, 2003 Order. (consolidated cases are: 03-002822CON, 03-002954CON)
Aug. 26, 2003 Reply to Mount Sinai Medical Center of Florida, Inc.`s Response in Opposition to Petitioner`s Motion for Bifurcated Hearing filed by S. Ecenia.
Aug. 20, 2003 Petitioner`s Motion for Bifurcated Hearing and Continuance of Final Hearing filed.
Aug. 15, 2003 Order of Pre-hearing Instructions.
Aug. 15, 2003 Notice of Hearing (hearing set for September 15 through 19, 22 through 26 and September 29 through October 3, 2003; 9:00 a.m.; Tallahassee, FL).
Aug. 13, 2003 Kendall Regional Medical Center`s First Request for Production of Documents to West Kendall Baptist Hospital, Inc. filed.
Aug. 13, 2003 Kendall Regional Medical Center`s First Set of Interrogatories to West Kendall Baptist Hospital, Inc. filed.
Aug. 13, 2003 Notice of Service of Kendall Regional Medical Center`s First Set of Interrogatories to West Kendall Baptist Hospital, Inc. filed.
Aug. 11, 2003 Joint Response to Initial Order (filed by R. Ellis via facsimile).
Aug. 08, 2003 Kendall Healthcare Group, Inc.`s First Request for Production of Documents to Mount Sinai Medical Center, Inc. filed.
Aug. 08, 2003 Notice of Service of Kendall Healthcare Group, Inc.`s First Set of Interrogatories to Mount Sinai Medical Center of Florida, Inc. filed.
Aug. 08, 2003 Kendall Healthcare Group, Inc.`s First Set of Interrogatories to Mount Sinai Medical Center of Florida, Inc. filed.
Aug. 01, 2003 Notice of Appearance (filed by R. Weiss, Esquire, via facsimile).
Aug. 01, 2003 Initial Order.
Jul. 31, 2003 Petition for Formal Administrative Hearing Challenging Co-batched Applicant filed.
Jul. 31, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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