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HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A COLUMBIA BLAKE MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 96-005366CON (1996)

Court: Division of Administrative Hearings, Florida Number: 96-005366CON Visitors: 4
Petitioner: HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A COLUMBIA BLAKE MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Nov. 15, 1996
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 27, 1997.

Latest Update: Jun. 20, 1997
Summary: Restraining an elderly resident by locking her arm behind her back and pushing her down the hall constitutes "abuse" as defined in Chapter 415, Florida Statutes.
STATE OF FLORIDA He TQ OF AGENCY FOR HEALTH CARE ADMINISTRATION Division of Administrative Hearings FILED CASE NO. 96- oe Gal, NO. 858%; 62091 HCA HEALTH SERVICES OF FLORIDA, INC. d/b/a COLUMBIA BLAKE MEDICAL CENTER, Petitioner, vs. RENDITION N AGENCY FOR HEALTH CARE ADMINISTRATION, EM H “Closed Respondent. FINAL ORDER This cause came before me for the purpose of issuing a final agency order, it appearing from the Stipulation and Settlement Agreement and Order Closing File, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On May 23, 1997, the parties executed and filed the Stipulation and Settlement Agreement. On May 27, 1997, Administrative Law Judge Hunter entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the Stipulation and Settlement Agreement and Order Closing File. 3. There are no remaining disputed issues of fact or ‘law. ONCL iF The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Section 120.57, Fla. Stat. (Supp. 1996). Based on the foregoing, IT IS ADJUDGED that the Agency will issue a Certificate of Need (CON No. 8506) to Petitioner, in accordance with the attached Stipulation and Settlement Agreement. DONE and ORDERED this Mes of June, 1997, in Tallahassee, Florida. Agency for Health 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 THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEE AS 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 RULES OF APPELLATE PROCEDURE. Copies furnished to: Elizabeth McArthur, Attorney Radey, McArthur & Frehn Post Office Drawer 11307 Tallahassee, Florida 32302 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308-5403 Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Liz Dudek (AHCA) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this SL4 day of dune, 1997, to the above-named people. Cwer ——— R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Suite 3431 Tallahassee, Florida 32308-5304 904-922-5865

Docket for Case No: 96-005366CON
Issue Date Proceedings
Jun. 20, 1997 Final Order filed.
May 27, 1997 Order Closing File sent out. CASE CLOSED, Stipulation and Settlement Agreement.
May 23, 1997 (From E. McArthur, R. Patterson, J. Hoffman) Stipulation and Settlement Agreement filed.
Apr. 23, 1997 Notice of Hearing sent out. (hearing set for 6/3/97; 9:30am; Tallahassee)
Apr. 22, 1997 (HCA) Status Report (filed via facsimile).
Feb. 10, 1997 Order Continuing Abeyance sent out. (Petitioner to respond in 60 days)
Feb. 07, 1997 (Petitioner) Status Report filed.
Dec. 09, 1996 Order of Abeyance sent out. (for 60 days)
Dec. 02, 1996 (HCA) Response to Prehearing Order filed.
Nov. 22, 1996 Prehearing Order sent out.
Nov. 20, 1996 Notification card sent out.
Nov. 15, 1996 Notice; Petition for Formal Administrative Hearing filed.

Orders for Case No: 96-005366CON
Issue Date Document Summary
Apr. 10, 1997 Recommended Order Restraining an elderly resident by locking her arm behind her back and pushing her down the hall constitutes "abuse" as defined in Chapter 415, Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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