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NORTH BROWARD HOSPITAL DISTRICT, D/B/A HOSPICE OF GOLD COAST HOME HEALTH SERVICES vs AGENCY FOR HEALTH CARE ADMINISTRATION, 06-003652CON (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003652CON Visitors: 8
Petitioner: NORTH BROWARD HOSPITAL DISTRICT, D/B/A HOSPICE OF GOLD COAST HOME HEALTH SERVICES
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 29, 2007.

Latest Update: May 18, 2024
fe pE STATE OF FLORIDA"! 3! ij 4: 0g AGEMSY ChER: AGENCY FOR HEALTH CARE ADMINISTRATION Dene T CLERK ARS Mea So qayen 2008 JAN 31 A 8 OY NORTH BROWARD HOSPITAL per ike ee DISTRICT d/b/a HOSPICE OF GOLD COAST HOME HEALTH SERVICES, Petitioner, DOAH Case No. 06-3652CON AHCA No. 2006008334 CON No. 9928 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "“Agency") concerning Certificate of Need ("CON") Application No. 9928, filed by CATHOLIC HOSPICE, INC. (hereinafter "Catholic Hospice") in the First Batching Cycle of 2006, requesting a CON to establish a hospice program, which application was approved. Thereafter, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services (hereinafter “Gold Coast”), an existing provider, filed a Petition for Administrative Hearing with respect to the approval. On May 10, 2007, Gold Coast filed its voluntary dismissal of the DOAH | case. On May 29, 2007, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Gold Coast and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No, 9928 which was initially approved by AHCA has now been approved by Final Order dated December 12, 2007. 3. The above-styled case is hereby closed. DONE and ORDERED this 29** day of January , 2008, in Tallahassee, Florida. ANDREW , BI.D., 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 _3/* day of Taag, 2008. RICHARD J. SHOOP, Agency Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Michael E. Riley, Esquire Amy W. Schrade, Esquire Gray, Robinson, P.A. Post Office Box 11189 Tallahassee, Florida 32302-3189 Attorneys for North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services Paul H. Amundsen, Esquire Julia E. Smith, Esquire Susan L. St. John, Esquire Amundsen & Smith, P.A. Post Office Drawer 1759 Tallahassee, Florida 32302 Attorneys for Catholic Hospice, Inc. Mark A. Emanuele, Esquire Michael H. Nullman, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys for Hospice of the Palm Coast, Inc. Sandra E. Allen, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health: Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 06-003652CON
Issue Date Proceedings
Jan. 31, 2008 Final Order filed.
Jun. 18, 2007 Transcripts (Volumes 1 through 11) filed.
May 29, 2007 Order Closing Files. CASE CLOSED.
May 11, 2007 Petitioner, Hospice of the Palm Coast, Inc.`s Request for Judicial Notice filed.
May 11, 2007 Notice of Objection to Catholic Hospice, Inc.`s Request for Official Recognition filed.
May 10, 2007 Gold Coast`s Notice of Voluntary Dismissal with Prejudice filed.
May 10, 2007 Amended Certificate of Service for Catholic Hospice, Inc.`s First Request for Official Recognition filed.
May 10, 2007 Catholic Hospice, Inc.`s First Request for Official Recognition filed.
May 09, 2007 Petitioner Hospice of the Palm Coast, Inc.`s Notice of Filing Excerpt of Deposition of Mike Schwartz filed.
May 09, 2007 AHCA`s Exhibit and Witness List filed.
May 09, 2007 Gold Coast`s Exhibit List filed.
May 09, 2007 Gold Coast`s Witness List filed.
May 09, 2007 Hospice of the Palm Coast`s Witness and Exhibit List filed.
May 09, 2007 Catholic Hospice, Inc.`s Witness and Exhibit List filed.
May 09, 2007 Joint Pre-hearing Stipulation filed.
May 08, 2007 Deposition of S. Telli filed.
May 08, 2007 Deposition of P. Moore filed.
May 08, 2007 Deposition of J. Gregg filed.
May 08, 2007 Deposition of M. Schwartz filed.
May 08, 2007 Deposition of Tim Lynch filed.
May 08, 2007 Deposition of T. Lynch filed.
May 08, 2007 Deposition of M. Richardson filed.
May 08, 2007 AHCA`s Answers to District`s First Set of Interrogatories to AHCA filed.
May 08, 2007 Gold Coast`s Notice of Filing in Support of Response in Opposition to HPC`s Motion to Strike and Motion in Limine filed.
May 08, 2007 Gold Coast Notice of Filing in Support of Response in Opposition to HPC`s Motion to Strike and Motion in Limine (without exhibits) filed.
May 08, 2007 Gold Coast`s Response in Opposition to HPC`s Motion to Strike and Motion in Limine to Exclude Testimony Challenging Fixed Need Pool filed.
May 07, 2007 Hospice of Palm Coast Notice of Filing Excerpt of Depo of Lynch filed.
May 07, 2007 Gold Coast`s Notice of Withdrawal of Motion for Rehearing Based on Stipulation with HPC filed.
May 04, 2007 Motion for an Enlargement of Time to File the Joint Pre-hearing Stipulation filed.
May 04, 2007 Gold Coast`s Motion for Rehearinag of Order Granting HPC`s Emergency Motion to Shorten Time for Response filed.
May 04, 2007 Order (Emergency Motion to Shorten Time for Response is granted).
May 03, 2007 Notice of Taking Continued Telephonic Deposition Duces Tecum filed.
May 03, 2007 Notice of Taking Continued Telephonic Deposition Duces Tecum (of M. Schwartz) filed.
May 02, 2007 Emergency Motion to Shorten Time for Response filed.
May 02, 2007 Motion to Strike and Motion in Limine to Exclude Testimony Challenging the Fixed Need Pool and Incorporated Memorandum of Law (with exhibits) filed.
May 01, 2007 Motion to Strike and Motion in Limine to Exclude Testimony Challenging the Fixed Need Pool and Incorporated Memorandum of Law (without exhibits) filed.
Apr. 26, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Amended Notice of Taking Deposition (changing time only) filed.
Apr. 25, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Notice of Taking Deposition filed.
Apr. 18, 2007 CASE STATUS: Motion Hearing Held.
Apr. 18, 2007 Petitioner Hospice of the Palm Coast, Inc.`s Notice of Filing Responses to Catholic Hospital, Inc.`s First Request for Production of Documents (attachments not available for viewing) filed .
Apr. 17, 2007 (Amended) Notice of Taking Deposition Duces Tecum filed.
Apr. 17, 2007 Notice of Taking Deposition Duces Tecum filed.
Apr. 13, 2007 The Agency for Health Care Administration`s Response to the Motion of Hospice of the Palm Coast, Inc. for a Protective Order filed.
Apr. 12, 2007 Order Granting Extension of Time (response to Motion for Protective Order to be filed by April 13, 2007).
Apr. 11, 2007 AHCA`s Motion for Extension of Time to File Response to Palm Coast`s Motion for Protective Order filed.
Apr. 11, 2007 Notice of Depositions (of P. Del Campo, S.Telli, J. Massey, and M. Schwartz) filed.
Apr. 11, 2007 Amended Notice of Depositions (of M. Richardson and R. Knapp) filed.
Apr. 10, 2007 Amended Notice of Hearing (hearing set for May 14 through 18, 23 through 25, 29 through June 1 and 4 through 6, 2007; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
Apr. 10, 2007 Catholic Hospice, Inc.`s Responses to Hospice of the Palm Coast Inc.`s First Request for Production of Documents to Catholic Hospice, Inc. Deferred by Hospice of the Palm Coast, Inc. filed.
Apr. 10, 2007 Catholic Hospice, Inc.`s Notice of Service of Answers and Objections to Hospice of the Palm Coast, Inc.`s First Set of Interrogories filed.
Apr. 09, 2007 Amended Notice of Hearing (hearing set for May 14 through 18, 21 through 25 and May 29 through June 1, 2007; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
Apr. 09, 2007 Order (Emergency Motion to Continue is granted in part, and setting telephone conference call for April 18, 2007).
Apr. 09, 2007 Notice of Deposition (M Richardson and R Knapp) filed.
Apr. 09, 2007 Notice of Depositions (P. Toole, K. Ventre, D. Cannon, and B. Belger).
Apr. 09, 2007 Emergency Motion to Continue Final Hearing filed.
Apr. 04, 2007 Hospice of the Palm Coast, Inc.`s Motion for Protective Order filed.
Apr. 02, 2007 Amended Notice of Taking Deposition Duces Tecum filed.
Mar. 29, 2007 District`s Supplemental Response to HPC`s First Request for Production of Documents filed.
Mar. 28, 2007 District`s Response to Catholic Hospice`s First Request for Production of Documents filed.
Mar. 28, 2007 Notice of Taking Deposition of Mike Schwartz filed.
Mar. 28, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Cross Notice of Taking Deposition Duces Tecum (J. Gregg) filed.
Mar. 28, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Cross Notice of Taking Depositions Duces Tecum (D. Weiner and J. Cushman) filed.
Mar. 28, 2007 District`s Response to Hospice of Palm Coast, Inc.`s Second Request for Production of Documents filed.
Mar. 28, 2007 Notice of Taking Deposition Duces Tecum (of M. Schwartz) filed.
Mar. 28, 2007 Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Mar. 28, 2007 Notice of Taking Deposition Duces Tecum (of D. Weiner and J. Cushman) filed.
Mar. 28, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Responses to Catholic Hospice, Inc.`s First Request For Production of Documents filed.
Mar. 27, 2007 Petitioner, Hospice of the Palm Coast`s Cross-notice of Taking Deposition Duces Tecum filed.
Mar. 26, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Responses to North Broward Hospital District`s First Request for Production of Documents filed.
Mar. 22, 2007 Notice of Taking Depositions Duces Tecum filed.
Mar. 22, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Notice of Taking Deposition filed.
Mar. 14, 2007 Catholic Hospice, Inc.`s, Responses to North Broward Hospital District d/b/a Hospice of the Gold Coast Home Health Services` Request for Production of Documents to Catholic Hospice, Inc. filed.
Mar. 13, 2007 Heartland Services of Florida, Inc.`s Notice of Voluntary Dismissal filed.
Mar. 12, 2007 Petitioner North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Cross Notice of Taking Depositions filed.
Mar. 09, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to Catholic Hospice, Inc. filed.
Mar. 09, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to Heartland Services of Florida, Inc. filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of K. McGowan) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of L. Rashce) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of V. Fernandez) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of J. Johnson) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Depositions (of R. Watts, R. Tywoniak, M. Martin, J. Ball, and Rev. Struehrenberg) filed.
Mar. 08, 2007 Cross-notice of Taking Deposition Duces Tecum filed.
Mar. 08, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Notice of Taking Depositions filed.
Mar. 07, 2007 Hospice of the Palm Coast, Inc.`s Responses to Heartland Services of Florida, Inc.`s First Request for Production of Documents filed.
Mar. 05, 2007 AHCA`s Notice of Service of Answers to Interrogatories of North Broward Hospital District, d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 27, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Second Request for Production of Documents to North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 23, 2007 Notice of Taking Deposition Duces Tecum filed.
Feb. 23, 2007 Notice of Serving Page 9 of District`s Answers to Catholic Hospice`s First Set of Interrogatories filed.
Feb. 22, 2007 AHCA Response to First Request for Admissions of Hospice of Palm Coast, Inc. filed.
Feb. 21, 2007 Amended Notice of Deposition of John Benz (amended as to Date only).
Feb. 20, 2007 Notice of Service Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to the Agency for Health Care Administration filed.
Feb. 20, 2007 Catholic Hospice, Inc.`s First Request for Production of Documents to North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 19, 2007 Catholic Hospice, Inc.`s Request for Copies filed.
Feb. 15, 2007 Catholic Hospice, Inc.`s First Request for Production of Document`s to Hospice of the Palm Coast, Inc. filed.
Feb. 15, 2007 Notice of Deposition of John Benz filed.
Feb. 14, 2007 Catholic Hospice, Inc.`s First Request for Production of Documents to Heartland Services of Florida, Inc. filed.
Feb. 12, 2007 Catholic Hospice, Inc.`s, Responses to Hospice of the Palm Coast Inc.`s First Request for Production of Documents to Catholic Hospice, Inc. filed.
Feb. 09, 2007 Petitioner, Hospice of the Palm Coast`s, Request for Copies to Catholic Hospice, Inc. filed.
Feb. 07, 2007 Petitioner, Hospice of the Palm Coast`s, Request for Copies to Catholic Hospice, Inc. filed.
Feb. 07, 2007 District`s Request for Copies filed.
Feb. 07, 2007 District`s First Request for Production to Hospice of Palm Coast filed.
Feb. 07, 2007 District`s First Request for Production to Heartland filed.
Feb. 07, 2007 District`s First Request for Production to Catholic Hospice, Inc. filed.
Feb. 05, 2007 Catholic Hospice, Inc.`s Request for Copies filed.
Jan. 26, 2007 District`s Answers to HPC`s First Set of Interrogatories to the District filed.
Jan. 26, 2007 Notice of Service of District`s Answers to HPC`s First Set of Interrogatories filed.
Jan. 26, 2007 Notice of Service of District`s Answers to HPC`s First Set of Interrogatories filed.
Jan. 26, 2007 District`s Response to HPC`s First Request for Production of Documents filed.
Jan. 25, 2007 Letter to Judge Maloney from P. Amundsen regarding motion to regulate discovery filed.
Jan. 23, 2007 Notice of Service of Hospice of the Palm Coast`s, Inc. First Request for Admissions to Agency for Health Care Administration filed.
Jan. 19, 2007 Catholic Hospice, Inc.`s Notice of Service of Answers and Objections to North Broward Hospital District d/b/a Hospice of the Gold Coast Home Health Services First Set of Interrogatories filed.
Jan. 18, 2007 Petitioner, Hospice of the Palm Coast, Inc.`s Response to Catholic Hospice, Inc.`s Motion for Order Regulating Discovery filed.
Jan. 16, 2007 Catholic Hospice, Inc.`s Motion for Regulating Discovery filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s First Request for Production of Documents to Hospice of the Palm Coast, Inc. filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s First Request for Production of Documents to Catholic Hospice, Inc. filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s Notice of Service of Answers to Catholic Hospice`s First Set of Interrogatories filed.
Jan. 08, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Unexecuted Responses to Catholic Hospice, Inc.`s First Set of Interrogatories filed.
Dec. 22, 2006 Notice of Service of the Palm Coast, Inc.`s First Set of Interrogatories to the North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast, Inc.`s First Request for Production of Documents to Catholic Hospice Inc filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast, Inc.`s First Request for Production to Heartland Services of Florida, Inc filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast`s First Request for Production of Documents to North Broward Hospital District, d/b/a Hospice of Gold Coast Home Health Services filed.
Dec. 18, 2006 District`s Notice of Service of First Set of Interrogatories to Catholic Hospice filed.
Dec. 18, 2006 District`s Notice of Service of First Set of Interrogatories to AHCA filed.
Dec. 05, 2006 Notice of Substitution and Notice of Appearance (filed by M. Emanuele).
Nov. 30, 2006 Catholic Hospice Inc.`s Notice of Service of First Sets of Interrogatories to Hospice of the Palm Coast Inc., Heartland Services of Florida, Inc. and North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Oct. 24, 2006 Order of Consolidation (DOAH Case Nos. 06-4123CON was added to consolidated batch).
Oct. 18, 2006 Order of Pre-hearing Instructions.
Oct. 18, 2006 Notice of Hearing (hearing set for April 23 through 27, 30 through May 4 and May 29 through June 1, 2007; 9:00 a.m.; Tallahassee, FL).
Oct. 13, 2006 Joint Response to Consolidated Initial Orders filed.
Oct. 09, 2006 Order Granting Consolidation (DOAH Case Nos. 06-3652, 06-3653 and 06-3758).
Oct. 02, 2006 Order Granting Extension of Time (response to Initial Order to be filed by October 16, 2006).
Sep. 29, 2006 Catholic Hospice, Inc.`s Motion for Additional Time to Respond to Initial Order filed.
Sep. 26, 2006 Notice of Appearance (filed by P. Amundsen).
Sep. 25, 2006 Initial Order.
Sep. 22, 2006 Notice of Related Cases filed. (DOAH Case No. 06-3652CON and 06-3653CON)
Sep. 22, 2006 NBHD`s Petition for Formal Administrative Hearing filed.
Sep. 22, 2006 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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