Petitioner: TENET ST. MARY`S, INC., D/B/A ST. MARY`S MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION AND WELLINGTON REGIONAL MEDICAL CENTER, INC.
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 25, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 1, 2006.
Latest Update: Sep. 11, 2024
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STATE OF FLORIDA By oP
AGENCY FOR HEALTH CARE ADMINISTRATION -- Api, On”
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Tenet St. Mary’s, Inc. d/b/a St. Mary’s “pyphge SG
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DOAH No. 05-0299
Petitioner, AHCA No. 2005000564
CON No. 9811
vs.
Agency for Health Care Administration
and Wellington Regional Medical Center,
Inc.,
Respondent.
ey |
FINAL ORDER
The Agency for Health Care Administration (“AHCA”) and Wellington
Regional Medical Center (“Wellington”), having entered into a Stipulation and
Settlement Agreement among all parties (AHCA, Wellington and Petitioner “St.
Mary’s”) and being otherwise well-advised in the premises, finds as follows:
It is ORDERED that:
1. The Stipulation and Settlement Agreement is attached hereto and
made a part hereof. The parties are directed to comply with the terms of the
Stipulation and Settlement Agreement.
2. AHCA hereby approves the issuance of CON Application No. 9811
to Wellington Regional Medical Center to establish a 15-bed Level ITI Neonatal
Intensive Care Unit, with the condition that it will set aside 28.9 percent of its
patient days in the Level III NICU to Medicaid/Medicaid HMO and charity care
patients on a combined basis.
3. For purposes of this Settlement Agreement, the term “charity care”
shall mean that portion of hospital charges reported to the Agency for which
there is no compensation, other than restricted or unrestricted revenues
provided to a hospital by local governments or tax districts regardless of the
method of payment, for care provided to a patient whose family income for
the twelve (12) months preceding the determination is less than equal to two
hundred percent (200%) of the federal poverty level, unless the amount of
hospital charges due from the patient exceeds twenty-five prevent (25%) of
the annual family income,
4. The above referenced case is hereby closed.
-
DONE and ORDERED this 1S day of _Juee , 2006, in
Aen firing
Alan Levine, Secretary
Agency for Health Care Administration
Tallahassee, Leon County, Florida.
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 FILING FEE AS
PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE
THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY
RESIDES. REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN
ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF
APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF
THE ORDER TO BE REVIEWED.
Copies furnished to:
Elizabeth Dudek, Deputy Secretary
Managed Care and
Health Quality Assurance
Agency for Health Care Administrative
2727 Mahan Drive, Bldg.3, MS 9
Tallahassee, Florida 32308
(Interoffice Mail)
Sandra E. Allen, Esquire
Senior Attorney
Agency for Health Care Administration
2727 Mahan Drive, Bldg. 3, MS 3
Tallahassee, Florida 32308
(Interoffice Mail)
C. Gary Williams, Esquire
Ausley & McMullen
227 South Calhoun Street
Post Office Box 391
Tallahassee, Florida 32302
Robert D. Newell, Esquire
Newell & Terry, P.A.
817 North Gadsden Street
Tallahassee, Florida 32303
Charles A. Stampelos
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Janice Mills
(Inter-office Mail)
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Final Order was served
on the above-named person(s) and entities by U.S. Mail or the method
designated on this /7* day of
Care
, 2026.
Richard J. Shoop, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Bidg. 3, MS 3
Tallahassee, Florida 32308
(850) 922-5873
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS HEWELL 2, TERRY, PA
TENET ST. MARY’S INC,, d/b/a
ST. MARY'S MEDICAL CENTER,
-
Petitioner, BES .
o
vs. CASE NO, 05-028 961 S
a i
AGENCY FOR HEALTH CARE oN S
ADMINISTRATION and WELLINGTON
REGIONAL MEDICAL CENTER,
Respondents.
SETTLEMENT AGREEMENT
This Settlement Agreement (“Settlement Agreement”) is entered into this -%4
Aanvary , 2006
day of May. Wed. by and between The State of Florida Agency for Health Care
Administration (‘AHCA”), Wellington Regional Medical Center, Inc., d/b/a Wellington
Regional Medical Center (“Wellington”) and Tenet St. Mary’s, Inc., d/b/a St, Mary’s
Medical Center (“St. Mary’s”),
WHEREAS, on or about September 8, 2004, Wellington filed Certificate of Need
("CON") Application No. 9811 in the second Hospitals and Other Projects batching cycle
of 2004 to establish a 15-bed Level IIE Neonatal Intensive Care Unit: and
WHEREAS, AHCA published notice in Vol. 30, No. 52, Florida Administrative
Weekly, (December 23, 2004), of the Agency's preliminary decision to approve
Wellington’s application for a 15-bed Level III Neonatal Intensive Care Unit; and
WHEREAS, St. Mary’s and Bethesda timely filed petitions for a formal
administrative hearing challenging AHCA’s published preliminary decision; and
WHEREAS, Bethesda dismissed its petition in DOAH Case No, 05-0298 on April
26, 2005, and:
WHEREAS, AHCA, Wellington and St. Mary’s wish to resolve this litigation
amicably, and in a manner that will foster, facilitate, and further competition, as well as
further the goals and objectives of the Florida Certificate of Need Law as set forth in
Sections 408.035 through 408.045, Fla. Stat. (2001); and
WHEREAS, Wellington projects that necessary construction to complete the
project is not expected to be accomplished and completed until September 2008; and
WHEREAS delay in the implementation of the project will give Wellington time
to not only complete its necessary construction/renovation project but to also further
develop its Level II NICU and train additional staff as may be required for the Level II
NICU; and
WHEREAS, Wellington represents to the parties and the parties agree that
Wellington will not implement the CON for a 15-bed Level IIT NICU unit before
December 31, 2008 (the implementation date); and
WHEREAS the parties agree that in the event, subsequent to the date of this
agreement, the Legislature abolishes the requirement for a CON for Level III NICU beds
that Wellington will no longer be bound by the implementation date contained herein,
NOW THEREFORE, in consideration of the mutual promises and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties jointly stipulate and agree that Wellington's
CON Application No. 9811 satisfies, on balance, the pertinent statutory and regulatory
criteria for approval of a Certificate of Need in Florida, The parties further apree as
follows:
lL. All Recitals above are true and correct and are expressly incorporated
herein by reference as if fully set forth below.
2, All parties agree that the above Recitals incorporated herein are binding on
the parties.
3. All parties agree that immediately upon execution of this Settlement
Agreement, St. Mary’s will file a notice of voluntary dismissal of its petition herein and
this stipulation will be presented to the Administrative Law Judge with a motion asking
DOAH to relinquish jurisdiction back to the Agency for entry of a final order consistent
with this agreement.
4. The Agency agrees that, as soon as practicable following relinquishment of
jurisdiction in DOAH Case No. 05-0299, the Agency will enter a Final Order:
(a) approving Wellington’s Certificate of Need Application No. 9811 to
establish a 15-bed Level III Neonatal Intensive Care Unit, with the condition that
it will set aside 28.9 percent of its patient days in the Level [II NICU to
Medicaid/Medicaid HMO and charity care patients on a combined basis,
5. For purposes of this Settlement Agreement, the term "charity care" shall
mean that portion of hospital charges reported to the Agency for which there is no
compensation, other than restricted or unrestricted revenues provided to a hospital by
local governments or tax districts regardless of the method of payment, for care provided
to a patient whose family income for the twelve (12) months preceding the determination
is less than or equal to two hundred percent (200%) of the federal poverty level, unless the
amount of hospital charges due from the patient exceeds twenty-five percent (25%) of the
annual family income. However, in no case shall the hospital charges for a patient whose
family income exceeds four times the federal poverty level for a family of four be
considered charity.
6. Upon full execution of this Settlement Agreement and entry of a final
order wholly consistent with this agreement, each party (a) agrees to waive any and all
appeals and proceedings; and (b) agrees to waive compliance with the form of the Final
Order (findings of fact and conclusions of law) to which it may be entitled including, but
not limited to, an informal proceeding under Subsection 120.57(2), Florida Statutes, a
formal proceeding under Subsection 120.57(1), Florida Statutes, appeals under Section
120.68, Florida Statutes, and declaratory and all writs of relief in any court or quasi-court
(e.g., Division of Administrative Hearings) of competent jurisdiction,
7. Each party for itself and for its related or resulting organizations, its
successors or transferees, attorneys, and executors or administrators, does hereby
discharge the other parties and their respective employees, agents, representatives, and
attomeys of and-from all claims, demands, actions, causes of action, suits, damages,
losses, and expenses, of any and every nature whatsoever, arising out of or in any way
related to this matter and the Agency's actions, including, but not limited to, any claims
that were or may be asserted in any federal or state court or administrative forum by or on
behalf of such party or any of its related facilities,
8. Each party shall bear its own costs and attorneys’ fees.
9. This Agreement shall become effective on the date upon which it is fully
executed by all parties hereto.
10. - The parties each hereby represent and warrant that their undersigned
representative is authorized to execute this Settlement Agreement on behalf of the party,
and to bind the party to the terms and conditions herein,
11, The terms, conditions, covenants, provisions, promises, and agreements
contained herein shall be binding upon and shall inure to the benefit of the parties hereto,
and their successors and permitted assigns,
12, This Settlement Agreement contains the entire agreement between the
parties hereto, and no representations or agreements, oral or otherwise, between the
parties not embodied herein or attached hereto shall be of any force or effect. Any
additions or amendments to this Settlement Agreement subsequent hereto shall be of no
force or effect unless in writing and signed by all parties hereto.
13. This Settlement Agreement has been made and delivered in Leon County;
Florida, and shall be construed and interpreted in accordance with the laws of the State of
Florida, Should a legal action be instituted by any party hereto to enforce the terms and
conditions of this Settlement Agreement, the venue for such legal action shall be Leon
County, Florida, The parties agree that money damages would not provide an adequate
remedy for violation of this Agreement, and that injunctive relief is available to enforce
the terms of this Agreement. With the exception of AHCA, should legal action be
instituted to enforce the terms and conditions of this Settlement Agreement, the prevailing
party or parties shall be entitled to an award of reasonable attorney's fees and costs from
the nonprevailing party or parties.
WELLINGTON REGIONAL MEDICAL
CENTER
By:
Kevin DiLallo, CEO
AGENCY FOR HEALTH CARE
ADMINISTRATION
By: ens Ce l
Christa Calamas os / Dy
General Counsel
Florida Bar No. 0142123
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
TENET ST. MARY’S, INC.
d/b/a St. Mary’s Medical Center
By:
Paul Walker, CEO
Elizabeth Qudek
Division of Health Quality Assurance
Agency ealth Care Administration
Bldg. 1, Rm. 170
2727 Mahan Drive, Mail Stop #9
Tallahassee, Florida 32308
the nonprevailing party or parties.
WELLINGTON REGIONAL MEDICAL
CENTER
By: fs
Kevin DiLallo, CEO
TENET ST. MARY'S , INC.
d/b/a St. Mary's Medical Center
By:
Paul Walker, CEO
AGENCY FOR HEALTH CARE
ADMINISTRATION
By:
Elizabeth Dudek, Deputy Secretary
the nonprevailing party or parties.
WELLINGTON REGIONAL MEDICAL
CENTER
By:
Kevin DiLallo, CEO
AGENCY FOR HEALTH CARE
ADMINISTRATION
By
Elizabeth Dudek, Deputy Secretary
Docket for Case No: 05-000299CON
Issue Date |
Proceedings |
Jun. 20, 2006 |
Final Order filed.
|
Feb. 01, 2006 |
Order Closing File. CASE CLOSED.
|
Jan. 31, 2006 |
Joint Motion for Remand filed.
|
Nov. 03, 2005 |
Order Continuing Case in Abeyance (parties to advise status by February 2, 2006).
|
Nov. 02, 2005 |
Status Report and Motion to Keep Case in Abeyance filed.
|
Sep. 06, 2005 |
Order Continuing Case in Abeyance (parties to advise status by November 2, 2005).
|
Sep. 02, 2005 |
Status Report and Motion to Keep Case in Abeyance filed.
|
Aug. 24, 2005 |
Notice of Transfer.
|
Aug. 16, 2005 |
Notice of Appearance and Substitution of Counsel (filed by T. Elliott).
|
Jul. 06, 2005 |
Order Continuing Case in Abeyance (parties to advise status by September 2, 2005).
|
Jun. 30, 2005 |
Status Report and Motion to Keep Case in Abeyance filed.
|
May 03, 2005 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by July 1, 2005).
|
May 02, 2005 |
Notice of Telephone Conference filed.
|
Apr. 28, 2005 |
Amended Notice of Hearing (hearing set for May 3 through 6 and 9 through 13, 2005; 1:00 p.m.; Tallahassee, FL; amended as to time).
|
Apr. 28, 2005 |
Order Granting Extension of Time (parties` Prehearing Stipulation shall be filed on or before May 2, 2005).
|
Apr. 27, 2005 |
Notice of Telephone Conference (set for April 28, 2005; at 10:30 a.m.) filed.
|
Apr. 26, 2005 |
Notice of Voluntary Dismissal filed.
|
Apr. 22, 2005 |
Order Granting Extension of Time (parties` Prehearing Stipulation shall be filed on or before April 28, 2005).
|
Apr. 21, 2005 |
Unopposed Motion for Enlargment of Time filed.
|
Apr. 19, 2005 |
Amended Notice of Taking Telephonic Deposition Duces Tecum of Corporate Representative of Universal Health Services, Inc. filed.
|
Apr. 19, 2005 |
Notice of Taking Deposition Duces Tecum filed.
|
Apr. 18, 2005 |
Notice of Telephonic Deposition filed.
|
Apr. 18, 2005 |
Notice of Telephone Deposition Duces Tecum filed.
|
Apr. 15, 2005 |
St. Mary`s Medical Center`s Cross-notice of Taking Deposition of Kevin Dilallo filed.
|
Apr. 15, 2005 |
Wellington Regional Medical Center, Inc.`s Motion for Protective Order filed. |
Apr. 14, 2005 |
Bethesda`s Second Amended Notice of Taking Deposition Duces Tecum of Kevin Dilallo filed.
|
Mar. 30, 2005 |
Notice of Taking Deposition Duces Tecum of Corporate Representative of Universal Health Services, Inc. filed.
|
Mar. 29, 2005 |
Bethesda`s Healthcare System, Inc.`s Notice of Service of Responses and Objections to Wellington`s First Set of Interrogatories filed. |
Mar. 28, 2005 |
Wellington Regional Medical Center, Inc.`s Response to Tenet St. Mary`s, Inc.`s Request for Production filed. |
Mar. 28, 2005 |
Wellington Regional Medical Center, Inc.`s Notice of Service of Answers to Tenet St. Mary`s, Inc.`s 1st Set of Interrogatories filed.
|
Mar. 28, 2005 |
St. Mary`s Medical Center`s Response to Wellington Regional Medical Center`s First Request for Production of Documents filed.
|
Mar. 28, 2005 |
St. Mary`s Medical Center`s Notice of Service of Answers to Wellington Regional Medical Center`s First Interrogatories filed.
|
Mar. 17, 2005 |
Notice of Taking Deposition Duces Tecum filed.
|
Mar. 15, 2005 |
Wellinton Regional Medical Center, Inc.`s Response to Bethesda Healthcare System, Inc.`s Request for Production filed.
|
Mar. 15, 2005 |
Wellinton Regional Medical Center, Inc.`s Notice of Service of Answers to Bethesda Healthcare System, Inc.`s 1st Set of Interrogatories filed.
|
Mar. 14, 2005 |
Wellinton Regional Medical Center, Inc.`s Motion for Protective Order filed.
|
Mar. 11, 2005 |
St. Mary`s Cross-notice of Taking Deposition Duces Tecum filed.
|
Mar. 10, 2005 |
Bethesda`s Amended Notice of Taking Deposition Duces Tecum of Kevin Dilallo as to Schedule A filed.
|
Mar. 07, 2005 |
Bethesda`s Notice of Taking Depositions Duces Tecum filed.
|
Feb. 24, 2005 |
Notice of Service of Wellington Regional Medical Center, Inc.`s First Set of Interrogatories to Bethesda Healthcare System, Inc. filed.
|
Feb. 24, 2005 |
Wellington Regional Medical Center, Inc.`s Request for Production of Documents to Bethesda Healthcare System, Inc. filed.
|
Feb. 24, 2005 |
Notice of Service of Wellington Regional Medical Center, Inc.`s First Set of Interrogatories to Tenet St. Mary`s, Inc. filed.
|
Feb. 24, 2005 |
Wellington Regional Medical Center, Inc.`s Request for Production of Documents to Tenet St. Mary`s, Inc. filed.
|
Feb. 23, 2005 |
St. Mary`s Medical Center`s First Request for Production of Documents to Wellington Regional Medical Center filed.
|
Feb. 23, 2005 |
St. Mary`s Medical Center`s Notice of Service of Its First Interrogatories to Wellington Regional Medical Center filed.
|
Feb. 14, 2005 |
Bethesda Healthcare System, Inc`s Notice of Service of First Set of Interrogatories to Wellington Regional Medical Center, Inc. filed.
|
Feb. 11, 2005 |
Order of Pre-hearing Instructions.
|
Feb. 11, 2005 |
Notice of Hearing (hearing set for May 3 through 6 and 9 through 13, 2005; 9:00 a.m.; Tallahassee, FL).
|
Feb. 08, 2005 |
Notice of Telephone Conference (set for February 10, 2005; at 11:30 a.m.) filed. |
Feb. 07, 2005 |
Response to Initial Order (filed by D. Terry). |
Feb. 07, 2005 |
Wellington Regional Medical Center, Inc.`s Response to Order to Show Cause filed. |
Feb. 07, 2005 |
Notice of Appearance (filed by D. Terry, Esquire). |
Feb. 02, 2005 |
Order Consolidating Cases and Order to Show Cause (consolidated cases are: 05-0297CON, 05-0298CON, and 05-0299CON)
|
Feb. 01, 2005 |
Motion to Consolidate (of case nos. 05-297, 05-298, 05-299) filed.
|
Jan. 26, 2005 |
Initial Order.
|
Jan. 25, 2005 |
Petition for Formal Administrative Hearing filed.
|
Jan. 25, 2005 |
Notice (of Agency referral) filed.
|