Judges: MARY CLARK
Agency: Agency for Health Care Administration
Latest Update: Nov. 13, 1986
Summary: Certificate Of Need for nursing home should be granted to Petitioner after altering its application from 120 to 60 beds and agreeing to a certain number of Medicaid-patient days.
86-0064.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MERIDIAN, INC., MERIDIAN NURSING ) CENTERS, INC., and BREVARD ) MERIDIAN LIMITED PARTNERSHIP, )
)
Petitioners, )
)
vs. ) CASE NO. 86-0064
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
) BEVERLY ENTERPRISES-FLORIDA, INC., ) d/b/a BEVERLY-GULF COAST FLORIDA, ) INC., (BREVARD COUNTY), )
)
Petitioner, )
)
vs. ) CASE NO. 86-0344
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Final hearing in this above-styled case was held on October 14, 1986, in Tallahassee, Florida, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner, Robert Newell, Esquire
Meridian, Inc.: 200 South Monroe Street, Suite B
Tallahassee, Florida 32301
For Petitioner, [no appearance at hearing, Beverly as Notice of Voluntary Enterprises: Dismissal was filed on
October 13, 1986]
For Respondent, Richard A. Patterson, Esquire Department of 1323 Winewood Boulevard
HRS: Tallahassee, Florida 32301
BACKGROUND AND PROCEDURAL MATTERS
Both Petitioners applied for Certificates of Need for 120-bed nursing homes in Brevard County, Florida. The applications were reviewed in the same batching cycle by HRS and both were denied. Timely petitions for formal hearing were filed and after referral to the Division of Administrative Hearings, the two petitions were consolidated by Order dated February 12, 1986.
Final hearing was scheduled for October 13-15, 1986. However, when Petitioner, Beverly Enterprises, filed its voluntary dismissal, Meridian and HRS requested that the hearing commence on October 14, 1986.
At the final hearing, Meridian presented the testimony of Paul Michael McCall, accepted without objection as an expert in the field of certificate of need application procedure and need and feasibility studies. Two exhibits were admitted, an updated application dated October 30, 1986, and an audit report of Meridian's financial position at the close of its fiscal year on August 31, 1985. HRS presented one witness, Reid Jaffe, and a joint exhibit reflecting computation of nursing home bed need in Brevard County for the July 1988 planning horizon.
The parties waived submittal of proposed recommended orders.
FINDINGS OF FACT
The facts in this case are uncontroverted. Meridian's original application for a 120-bed nursing home was updated to seek instead approval for a 60-bed freestanding nursing home. This facility will be located at the southern end of the county, near the communities of Palm Bay and Malabar.
The applicant has agreed to provide services to Medicaid-eligible persons at a percentage reflecting the previous year's county average, up to a rate of 50 percent of patient days.
HRS' computation of nursing home bed need for Brevard County projects a need for 68 beds in July 1988, the relevant planning horizon.
The witnesses for both parties concur that the application, as updated, meets all relevant criteria for approval. Although the latest financial statement relates to the company's fiscal year ending August 31, 1985, the firm commitments and the pro formas included within the application leave no question as to the financial feasibility of the proposed facility. Meridian maintains a good line of credit to handle cash flow at start up and reasonably projects a positive net income for the second year of operation.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding pursuant to Section 120.57(1), Florida Statutes.
No controversy exists between the remaining parties to this proceeding. HRS has no objection to award of approval for Meridian's proposed 60-bed facility.
RECOMMENDATION
Based upon the foregoing, it is
RECOMMENDED that a Final Order be entered granting a certificate of need to Meridian for a 60-bed nursing home in Brevard County and reflecting the voluntary dismissal of the petition filed by Beverly Enterprises in this consolidated proceeding.
DONE and RECOMMENDED this 13th day of November 1986, in Tallahassee, Florida.
MARK CLARK
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
FILED with the Clerk of the Division of Administrative Hearings this 13th day of November 1986.
COPIES FURNISHED:
Robert D. Newell, Jr., Esquire
200 South Monroe Street Suite B
Tallahassee, Florida 32301
Richard A. Patterson, Esquire Assistant General Counsel Department of Health and Rehabilitative Services
1323 Winewood Boulevard 4th Floor
Tallahassee, Florida 32399-0700
E. G. Boone, Esquire
Robert T. Klingbeil, Jr., Esquire 1001 Avenida del Circo
P. O. Box 1596 Venice, Florida 34284
William Page, Jr.
Secretary
Department of Health and Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32301
Docket for Case No: 86-000064
Orders for Case No: 86-000064
| Issue Date |
Document |
Summary |
|
Jan. 05, 1987 |
Agency Final Order
|
|
|
Nov. 13, 1986 |
Recommended Order
|
Certificate Of Need for nursing home should be granted to Petitioner after altering its application from 120 to 60 beds and agreeing to a certain number of Medicaid-patient days.
|
