Petitioner: SEBASTIAN HOSPITAL, INC., D/B/A SEBASTIAN RIVER MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Dec. 27, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 1, 2005.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA ro For en
AGENCY FOR HEALTH CARE ADMINISTRATION , ty MY
SEBASTIAN HOSPITAL, INC., d/b/a
SEBASTIAN RIVER MEDICAL CENTER,
Petitioner,
AHCA No.: 2004011065
VS.
eenamanmaanaement
DOAH No.: 04-4639
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
a
FINAL ORDER
The Agency for Health Care Administration (AHCA), having entered
into a Stipulation and Settlement Agreement with Sebastian Hospital,
Inc., d/b/a_ Sebastian River Medical Center_ (Petitioner), and being.
otherwise well advised in the premises, finds and concludes as follows:
It is ORDERED that:
1. The Stipulation and Settlement Agreement is approved and
adopted as a part of this Final Order and is attached hereto and made a
part hereof. The parties are directed to comply with the terms of the
Stipulation and Settlement Agreement.
2. Petitioner will provide to AHCA an executed Agreement
between the Department of Health and Petitioner to provide health care
services to low-income persons.
3. AHCA shall reinstate CON Exemption Number 9900261.
4. The above styled case is hereby dismissed.
DONE and ORDERED this S/day of CMae4 | ,
2005, in Tallahassee, Leon County, Florida.
Alan Levine) Secretary
Agency ealth 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 AGENCY CLERK AND A
SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN
THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS
HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS
Copies furnished to:
Nelson E. Rodney, Esq.
Assistant General Counsel
Agency for Health Care Administration
8350 NW 52 Terrace, Suite 103
Miami, Florida 33166
(Interoffice Mail)
Elizabeth Dudek
Deputy Secretary
Agency for Health Care Administration
2727 Mahan Drive Bldg #1 Mail Stop Code #9
Tallahassee, Florida 32308
(Interoffice Mail)
Kellie D. Scott, Esq.
Blank, Meenan & Smith, P.A.
204 South Monroe Street
Tallahassee, Florida 32301
(U.S. Certified Mail)
Kathy Burke, CEO
Sebastian Hospital, Inc., d/b/a
Sebastian River Medical Center
13695 U.S. Highway 1
Sebastian, Florida 32978-0838
(U.S. Certified Mail)
Hon. John G. Van Laningham
Administrative Law Judge we we
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(U.S. Mail)
Wendy Adams
(Inter-office Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was mailed to
the above-named addressees on this LY “day of Jane. '
2005.
5 ——..
Richard Shoop, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32303
(850) 922-5873
STATE OF FLORIDA :
DIVISION OF ADMINISTRATIVE HEARINGS
SEBASTIAN HOSPITAL, INC.
d/b/a SEBASTIAN RIVER MEDICAL
CENTER,
Petitioner,
vs. Case No. 04-4639
ofaTE OF FLORIDA, AGENCY
FOR HEALTH CARE
ADMINISTRATION,
Respondent.
a lad r wee /
SETTLEMENT AGREEMENT
This Settlement Agreement is entered between the State of Florida, Agency for Health
Care Administration (“AHCA”) and Sebastian Hospital, Inc. d/b/a Sebastian River Hospital
— €“Sebastian River”), on this- jf day of May; 2005;—-——-—— =
BACKGROUND
On November 16, 2004, Sebastian River submitted an Adult Diagnostic Cardiac
Catheterization Annual Report Form to AHCA indicating that Sebastian River performed 364
adult diagnostic cardiac catheterization procedures during the July 2003 — July 2004 time period.
The Adult Diagnostic Cardiac Catheterization Annual Report Form reported zero as the
number of adult diagnostic cardiac catheterization procedures provided to Medicaid and charity
care admissions during the same time period.
On November 23, 2004, AHCA notified Sebastian River that its Adult Diagnostic
Cardiac Catheterization Certificate of Need (“CON”) Exemption Number 9900261 hadexpired
due to Sebastian River’s alleged failure to provide services to Medicaid and charity patients for
the annual reporting period ending July 2004.
On December 8, 2004, Sebastian River timely challenged AHCA’s initial determination
and denied all allegations that its actions did not comply with Florida law.
The parties wish to resolve the pending formal administrative hearing without the
necessity of further time consuming and costly litigation.
THEREFORE, it is stipulated and agreed as follows:
1. Within two (2) weeks of the execution of this Settlement Agreement, Sebastian
River will enter. into a Volunteer Health Care Provider Program Agreement with the State of
Florida Department of Health, to provide charity adult diagnostic cardiac catheterizations
through the Indian River Local Health Department. A copy of the Agreement is attached as
Exhibit A. Sebastian River will provide a copy of the executed Agreement to AHCA.
2. Immediately after receipt of the executed Volunteer Health Care Provider
——— Program Agreement, AHCA shall reinstate CON Exemption Number 9906261 provided to ~-—-—-—~-----
Sebastian River to implement its adult cardiac catheterization program at Sebastian River
Medical Center and shall provide written confirmation of the reinstatement to Sebastian River.
3. No later than seven days after Sebastian River receives written confirmation from
AHCA that its CON exemption to implement its adult cardiac catheterization program has been
reinstated, Sebastian River will dismiss its petition, DOAH Case No. 04-4639.
4. The terms and conditions of this Settlement Agreement are for purposes of
resolving the pending proceeding only, and are based on the specific facts and circumstances,
and shall not be used as evidence or precedent in any other proceeding or future determinations
w by AHCA,, a.
RR
5. Each party shall bear its own costs and expenses in this proceeding.
6. This Agreement may be executed in counter-parts, and a facsimile signature may
serve as the original.
7. The signatories below verify that they have the authority to enter into this
agreement and legally bind the party for which they are executing the Agreement.
FOR THE AGENCY FOR HEALTH
illiam Robert:
Acting General Counsel
~ Agency for Health Care Administration
2727 Mahan Drive, Mail Stop 3 Agency for Health Care Administration.
. Tajlahassee, Florida 32308 Building 1, Room 205
(850) 922-5873 2727 Mahan Drive
Florida Bar No. 0586617 Tallahassee, Florida 32308
DATE: (850) 487-2, _
DATE: __ & <
FOR SEBASTIAN HOSPITAL, INC.
d/b/a SEBASTIAN RIVER MEDICAL
CENTER
PA Scott de b _
Kathy Burke
Blank, Meenan & Smith, P.A. Chief Executive Officer
204 South Monroe Street. Sebastian Hospital, Inc. d/b/a Sebastian
Tallahassee, Florida 32301 River Medical Center
(850) 681-6710 13695 U.S. Highway 1
Florida Bar No. # 432600 Sebastian, Florida 32978-0838
DATE: 0 (772) 581-2040
DATE: fil
28
SAAC wt CLIENT FILES\26903 HMA Sebastian Hosp Termination\Pleadings\Settlement Agreement.doc
Docket for Case No: 04-004639
Issue Date |
Proceedings |
Jun. 16, 2005 |
Final Order filed.
|
Jun. 01, 2005 |
Order Closing File. CASE CLOSED.
|
May 31, 2005 |
Motion to Relinquish Jurisdiction filed.
|
May 17, 2005 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by May 31, 2005).
|
May 13, 2005 |
Second Joint Unopposed Motion for Continuance filed.
|
Apr. 01, 2005 |
Second Notice of Appearance and Substitution of Counsel (filed by K. Scott, Esquire) filed.
|
Mar. 31, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for May 19 and 20, 2005; 9:00 a.m.; Tallahassee, FL).
|
Mar. 28, 2005 |
Joint Unopposed Motion for Continuance filed.
|
Feb. 14, 2005 |
Notice of Appearance and Substitution of Counsel (filed by G. Smith, Esquire).
|
Jan. 13, 2005 |
Order of Pre-hearing Instructions.
|
Jan. 13, 2005 |
Notice of Hearing (hearing set for April 18 and 19, 2005; 9:00am; Tallahassee).
|
Jan. 05, 2005 |
Joint Response to Initial Order filed.
|
Dec. 28, 2004 |
Initial Order.
|
Dec. 27, 2004 |
Adult Diagnostic Cardiac Catheterization Exemption Number 9900261 filed.
|
Dec. 27, 2004 |
Petition for Formal Administrative Hearing filed.
|
Dec. 27, 2004 |
Notice (of Agency referral) filed.
|