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HEARTLAND HOSPICE SERVICES OF FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-004063CON (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004063CON Visitors: 28
Petitioner: HEARTLAND HOSPICE SERVICES OF FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Nov. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 29, 2004.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA ee AGENCY FOR HEALTH CARE ADMINISTRATION ye 2 A e849 HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, DOAH CASE NO. 03-4063CON * AHCA NO. 2003007369 <2 v. CON 9685 and 9686 =, STATE OF FLORIDA, AGENCY FOR 8 HEALTH CARE ADMINISTRATION, o an Respondent, and HALIFAX HOSPICE, INC., Intervenor. / FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings that the Petitioner entered on September 25, 2003, and a Petition to Intervene that the Intervenor filed on October 21, 2003. On November 3, 2003, both Petitions were forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On July 27, 2004, the Petitioner filed a Notice of Voluntary Dismissal dismissing its Petition due to the fact that it was withdrawing its certificate of need application. On July 29, 2004, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Petitioner’s Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: Both the Petition for Formal Administrative Proceedings and Petition to Intervene are dismissed. L DONE and ORDERED this Z5__ day of par 2005, in Tallahassee, Florida. zs 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 pak day of ye, 2005. RICHARD J. SHOOP, Agenéy Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, 1 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 Interoffice Mail Alfred W. Clark, Esquire 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Wendy Adams Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Interoffice Mail

Docket for Case No: 03-004063CON
Issue Date Proceedings
Jun. 08, 2005 Final Order filed.
Jul. 29, 2004 Order Closing File. CASE CLOSED.
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. 09, 2004 Notice of Withdrawal filed by R. Saliba.
May 11, 2004 Notice of Taking Deposition Duces Tecum (R. Hildebrant, S. Girvin, and Representative of Moore Stephens Lovelace, P.A.) filed.
Jan. 29, 2004 Order Granting Motion for Reconsideration and Denying Petition to Intervene.
Jan. 28, 2004 Heartland Hospice Services` Reply to Vitas` Response to Motion for Reconsideration filed.
Jan. 20, 2004 Response to Motion for Reconsideration (filed by G. Smith via facsimile).
Jan. 12, 2004 Motion for Reconsideration filed by Petitioner.
Jan. 06, 2004 Order. (Vitas Healthcare Corporation of Florida`s Petition to Intervene is granted, subject to proof of standing at hearing).
Dec. 11, 2003 Response to Heartland`s Opposition to Vitas of Central Florida`s Petition to Intervene (filed by G. Smith via facsimile).
Dec. 09, 2003 Order. (Vitas shall file their response to Heartland`s Response in Opposition to Vitas` Petitioner to Intervene by December 15, 2003).
Dec. 08, 2003 Heartland`s Statement of No Objection to Vitas` Motion for Extension of Time filed.
Dec. 05, 2003 Motion for Extension of Time (filed by M. Lyon via facsimile).
Dec. 04, 2003 Order. (Halifax Hospice, Inc.`s Petition to Intervene is granted, subject to proof of standing at hearing).
Nov. 26, 2003 Order of Pre-hearing Instructions.
Nov. 26, 2003 Notice of Hearing (hearing set for December 13 through 17, 2004; 9:00 a.m.; Tallahassee, FL).
Nov. 20, 2003 Letter to Judge Hixson from R. Griffin regarding the date and time of the scheduling conference (filed via facsimile).
Nov. 20, 2003 Second Request for Extension of Time in which to Respond to Initial Order filed.
Nov. 17, 2003 Order. (the parties shall file their response to the initial order by November 21, 2003).
Nov. 13, 2003 Request for Extension of Time in which to Respond to Initial Order filed by Petitioner.
Nov. 13, 2003 Response in Opposition to Vitas Healthcare Corporation of Central Florida`s Petition to Intervene filed by Petitioner.
Nov. 10, 2003 Objection to Vitas Healthcare Corporation of Central Florida`s Petition to Intervene (filed via facsimile).
Nov. 07, 2003 Vitas Healthcare Corporation of Central Florida`s Petition to Intervene (filed via facsimile).
Nov. 04, 2003 Initial Order.
Nov. 03, 2003 Halifax Hospice, Inc.`s Petition to Intervene filed.
Nov. 03, 2003 Notice of Intent to Deny Certificate of Need Number 9685 to Establish a New Hospice Program filed.
Nov. 03, 2003 Petition for Formal Administrative Proceeding filed.
Nov. 03, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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