Elawyers Elawyers
Ohio| Change

FLORIDA HOSPITAL WESLEY CHAPEL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 06-002720CON (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002720CON Visitors: 29
Petitioner: FLORIDA HOSPITAL WESLEY CHAPEL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 10, 2006.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA HOSPITAL WESLEY CHAPEL, INC,, Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, UNIVERSITY COMMUNITY HOSPITAL, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMININSTRATION, Respondent, BAYCARE OF SOUTHEAST PASCO, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. DOAH Case No. 06-2720 CON No. 9912 OAD DOAH Case No. 06-2812CON CON No. 9913 DOAH Case No. 06-2813CON CON No. 9914 FINAL ORDER THIS CAUSE concerns the Petitions for Formal Administrative Proceedings that Petitioner Florida Hospital Wesley Chapel, Inc. (“Florida Hospital”) filed on July 27, 2006, and Petitioners University Community Hospital, Inc, (“University”), and Baycare of Southeast Pasco, Inc. (“Baycare”), filed on August 3, 2006. On July 27, 2006, Florida Hospital’s Petition was forwarded by the Agency to the Division of Administrative Hearings (“DOAH”) and assigned to an Administrative Law Judge. On August 3, 2006, University and Baycare’s Petitions were forwarded by the Agency to the Division of Administrative Hearing (“DOAH”) and assigned to an Administrative Law Judge. ° On August 3, 2006, a Notice of Related Cases was filed with DOAH by the Agency Clerk. A Petition to Intervene was filed by Pasco HMA, Inc. d/b/a Pasco Regional Medical Center (“Pasco Regional”) on August 7, 2006, which was never ruled upon by the ALJ. The Petitions above are all related to the Agency’s denial of Certificate of Need Applications 9912, 9913, and 9914. On August 8, 2006, Petitioners Florida Hospital, University, and Baycare filed a Joint Voluntary Dismissal of their Petitions. nw On August 10, 2006, the Administrative Law Judge assigned to the Related Cases issued an Order Closing File for each case based on the Joint Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions for Formal Administrative Proceedings pending before the Agency are hereby closed. The Agency’s denial of Certificate of Need Applications 9912, 9913, and 9914 is upheld. DONE and ORDERED nis day of Qpleuber , 2086, in Tallahassee, Florida. the Chena CHRISTA CALAMAS, 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 AE aay of SatkC, , 2008, RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 F. Philip Blank, Esq. Blank, Meenan & Dunphy, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Stephen K. Boone, Esq. Boone, Boone, Boone, Koda & Frook, P.A. 1001 Avenida Del Circo Venice, Florida 34284 C. Gary Williams, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 Robert A. Weiss, Esq. Parker,. Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 Sandra E. Allen, Esquire Agency for Health Care Administration Interoffice Mail Janice Mills Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA HOSPITAL WESLEY CHAPEL, : Ale 0° 9006 INC. CY °°? HEALTH CARE “Ait ol ha (ON-LEGAL Petitioner, pe vs, Case No.: 06-2720 CON : CON No. 9912 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. UNIVERSITY COMMUNITY HOSPITAL, INC. Petitioner, vs. Case No. 06-2812 CON : CON No. 9913 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. BAYCARE OF SOUTHEAST PASCO, INC. Petitioner, vs. : Case No. 06-2813 CON CON No. 9914 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. JOINT VOLUNTARY DISMISSAL COMES NOW, Petitioners, Florida Hospital Wesley Chapel, Inc., University Community Hospital, Inc. and BayCare of Southeast Pasco, Inc., by and through their respective undersigned counsel and files this Joint Voluntary Dismissal. By this Joint Voluntary Dismissal, each of the parties is dismissing its Petition for Formal Administrative Hearing and, therefore, dismissing its challenge to the Agency for Health Care Administration’s initial decision to deny its respective Certificate of Need Application to construct a new hospital in Pasco County, Florida (CON Application Nos. 9912, 9913 and 9914, respectively). By so doing, the parties are also withdrawing and dismissing their respective CON Applications Nos. 9912, 9913 and 9914, It is the intent of the parties that all three (3) applications be dismissed and withdrawn simultaneously by the filing of this Joint Voluntary Dismissal. WHEREFORE, Petitioners, Florida Hospital Wesley Chapel, Inc., University Community Hospital, Inc, and BayCare of Southeast Pasco, Inc. respectfully request that CON Application Nos. 9912, 9913 and 9914 be withdrawn and each respective Petition for Formal Administrative Hearing be dismissed. {- Respectfully submitted this day of August, 2006, by: FLORIDA HOSPITAL WESLEY CHAPEL, UNIVERSITY COMMUNITY INC, HOSPITAL, INC. By: Me BoA By: (: Foal Stephen K, Boone, its counsel of record C. Gary W1 its counsel of record BAYCARE SOUTHEAST PASCO, INC. Robert A. Weiss, its counsel of record CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and one copy of the foregoing have been hand- delivered to Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS #3, Tallahassee, Florida 32308, and an original and one copy hand-delivered to Charles A. Stampelos, Administrative Law Judge, Division of Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and one copy hand-delivered to Sandra E. Allen, Esquire, Agency for wie Care Administration 2727 Mahan Drive, Bldg. 3, MS #3, Tallahassee, Florida 32308, this ~~ __ day of August, 2006. BOONE, BOONE, BOONE, AUSLEY and McMULLEN, P.A. KODA & FROOK, PA. Game { Pell OQ (e) Stephen K. Boone, Esquire C. Gary WilliamssEsquire 1001 Avenida del Circo 227 Calhoun Street Post Office Box 1596 Post Office Box 391 Venice, FL 34285 Tallahassee, FL 32302-0391 Telephone: (941) 488-6716 Telephone: (850) 224-9115 Facsimile: (941) 488-7079 Facsimile: (850) 222-7560 Attorney for Petitioner, Attorneys for Petitioner, Florida Hospital Wesley Chapel, Inc. University Community Hospital, Inc. PARKER, HUDSON, RAINER & DOBBS Ao) Hth— Robert A. Weiss, Esquire The Perkins House, Suite 200 118 North Gadsden Street, Tallahassee, FL 32301 Telephone: (850)681-0191 Facsimile (850) 681-9493 Attorney for Petitioner, BayCare Southeast Pasco, Inc. A4-2002\jtvaldismiss -3- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS | BAYCARE OF SOUTHEAST PASCO, AuG j + 2006 INC., AGENCY FOR HEALTH CARE Petitioner, ADMINSTRATION-LEGAL vs. Case No. 06-2813CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Joint Voluntary Dismissal filed August 8, 2006, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. 2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a Pasco Regional Medical Center on August 7, 2006, is moot. DONE AND ORDERED this 10th day of August, 2006, in Tallahassee, Leon County, Florida. Vitae 0 Arpt CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS "7 FLORIDA HOSPITAL WESLEY CHAPEL, INC., AUR 1 1 9906 Petitioner, AGENCY © O°? HEALTH CARE AOMIN STBAHON-LEGAL vs. Case No. 06-2720CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Joint Voluntary Dismissal filed August 8, 2006, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. 2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a Pasco Regional Medical Center on August 7, 2006, is moot. DONE AND ORDERED this 10th day of August, 2006, in Tallahassee, Leon County, Florida. Leap. Co Come CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us STATE OF FLORIDA be DIVISION OF ADMINISTRATIVE HEARINGS Alla 11 9606 UNIVERSITY COMMUNITY HOSPITAL, nce NGY © O° HEALTH CARE INC., IMIS TRATION-LEGAL Petitioner, AGENCY FOR HEALTH CARE ADMINISTRATION, ) ) ) ) ) vs. ) Case No. 06-2812CON ) ) ) ) Respondent. } ) ORDER CLOSING FILE This cause having come before the undersigned on the Joint Voluntary Dismissal filed August 8, 2006, and the undersigned ‘being fully advised, it is, therefore, ORDERED that: l. The file of the Division of Administrative Hearings in the above~captioned matter is hereby closed. 2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a Pasco Regional Medical Center on August 7, 2006, is moot. DONE AND ORDERED this 10th day of August, 2006, in Tallahassee, Leon County, Florida. Lay 2 Cope CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us

Docket for Case No: 06-002720CON
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer