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WELLINGTON REGIONAL MEDICAL CENTER, INC., D/B/A WELLINGTON REGIONAL MEDICAL CENTER vs COLUMBIA/JFK MEDICAL CENTER, L.P., D/B/A JFK MEDICAL CENTER; AND AGENCY FOR HEALTH CARE ADMINISRATION, 99-000714CON (1999)

Court: Division of Administrative Hearings, Florida Number: 99-000714CON Visitors: 8
Petitioner: WELLINGTON REGIONAL MEDICAL CENTER, INC., D/B/A WELLINGTON REGIONAL MEDICAL CENTER
Respondent: COLUMBIA/JFK MEDICAL CENTER, L.P., D/B/A JFK MEDICAL CENTER; AND AGENCY FOR HEALTH CARE ADMINISRATION
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Feb. 17, 1999
Status: Closed
Recommended Order on Friday, April 7, 2000.

Latest Update: May 05, 2000
Summary: Whether Certificate of Need Application Number 9099, filed by Columbia/JFK Medical Center, L.P., d/b/a JFK Medical Center, to convert 20 skilled nursing beds to 20 acute care beds, meets the criteria for approval.Recommend approval of Certificate of Need for 20 additional acute care beds due to large percentage (65% of total) of admissions from emergency room and backlog in intensive care and monitored beds; special circumstances occupancy in acute care beds.
Order.PDF

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


GOOD SAMARITAN HOSPITAL, INC.; ST. MARY'S HOSPITAL, INC.; and

WELLINGTON REGIONAL MEDICAL


CASE NO.:


99-0712

CENTER, INC.,


99-0713



99-0714

Petitioners,

CON NO.:

9099


vs.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and COLUMBIA/JFK MEDICAL CENTER, LTD.,


Respondents.

/


FINAL ORDER


The petitions challenging the Agency for Health Care Administration's (AGENCY) intent to approve CON 9099 were referred to the Division of Administrative Hearings for formal proceedings. Wellington Regional withdrew its petition by a Notice of Voluntary Dismissal filed June 29, 1999. On April 5, 2000, in Case Number 000479, a "Settlement Agreement" between Columbia/JFK and the Agency was approved in a Final Order. In said "Settlement Agreement" the Agency agreed to approve CON 9258 and Columbia/JFK agreed to withdraw its application for CON 9099. On April 7, 2000, the assigned administrative law judge submitted a Recommended Order recommending approval of CON 9099. Finally, by a letter of April 21, 2000, which is incorporated by reference, Columbia/JFK gave notice of its withdrawal of its application for CON 9099.


Based on the foregoing, Wellington Regional's voluntary dismissal and Columbia/JFK's withdrawal of its application for CON 9099 are acknowledged. These proceedings are CLOSED.


DONE and ORDERED this 3d day of May 2000 in Tallahassee, FL.


STATE OF FLORIDA AGENCY FOR HEALTH ADMINISTRATION


for RUBEN J. KING-SHAW, JR., DIRECTOR


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.


COPIES FURNISHED TO:


Stephen A. Ecenia, Esquire

R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P. A.

Post Office Box 551 Tallahassee, Florida 32302-0551


Thomas A. Sheehan, III, Esquire Moyle, Flanigan, Katz, Kolins Raymond & Sheehan, P. A.

Post Office Box 3888

West Palm Beach, Florida 33402


Richard A. Patterson, Esquire Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308


Robert D. Newell, Jr., Esquire Newell & Terry

817 North Gadsden Street Tallahassee, Florida 32303-6313


Jeff Gregg (AHCA/CON)

CERTIFICATE OF SERVICE



I HEREBY CERTIFY that a copy of the going was served on the above-named people by U. S. Mail this 5th day of 2000.


R. S. Power, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III, MSC 3 Tallahassee, Florida 32308 850/922-5865


Docket for Case No: 99-000714CON
Issue Date Proceedings
May 05, 2000 Final Order filed.
Apr. 07, 2000 Recommended Order sent out. CASE CLOSED. Hearing held 06/30/-07/02/99 & 07/07-08/99.
Sep. 14, 1999 Joint Proposed Recommended Order of the Agency for Health Care Administration and JFK Medical Center filed.
Sep. 14, 1999 Proposed Recommended Order of Petitioners, Good Samaritan Hospital, Inc. and St. Mary`s Hospital, Inc. filed.
Sep. 03, 1999 Joint Motion for Extension of TIme to File Proposed Recommended Orders filed.
Aug. 24, 1999 Letter to Judge Hunter from T. Sheehan Re: Requesting an extension of time to file Proposed Recommended Order (filed via facsimile).
Aug. 02, 1999 Notice of Filing; (Volume 9 of 9) DOAH Court Reporter Final Hearing Transcript filed.
Jul. 30, 1999 Notice of Filing; (Volumes 5-8 of 9) DOAH Court Reporter Final Hearing Transcript filed.
Jul. 23, 1999 Notice of Filing; (Volumes 1-4 of 9) DOAH Court Reporter Final Hearing Transcript filed.
Jun. 30, 1999 CASE STATUS: Hearing Held.
Jun. 25, 1999 (R. Prescott, R. Patterson, T. Sheehan) Prehearing Stipulation filed.
Jun. 22, 1999 Columbia/JFK Medical Center Limited partnership d/b/a JFK Medical Center`s Notice of Servie of Answers to Good Samaritan Hospital`s First Set of Interrogatories filed.
Jun. 22, 1999 JFK Medical Center`s Responses to Good Samaritan Hospital`s First Request for Production of Documents; JFK Medical Center`s Responses to Good Samaritan Hospital`s Request for Admissions filed.
Jun. 22, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s Notice of Service of Answers to St. Mary`s Hospital`s First Set of Interrogatories filed.
Jun. 22, 1999 JFK Medical Center`s Responses to St. Mary`s Hospital`s Request for Admissions; JFK Medical Center`s Responses to St. Mary`s Hospital First Request for Production of Documents filed.
Jun. 10, 1999 St. Mary`s Hospital and Good Samaritan`s Hospital Notice of Service of Supplement to Interrogatory Response filed.
Jun. 10, 1999 (T. Sheehan) Notice of Taking Deposition Duces Tecum (filed via facsimile).
Jun. 10, 1999 St. Mary`s Hospital and Good Samaritan`s Hospital Notice of Service of Supplement to Interrogatory Response filed.
Jun. 10, 1999 (T. Sheehan) Notice of Taking Deposition Duces Tecum (filed via facsimile).
Jun. 09, 1999 Joint Notice of Taking Deposition Duces Tecum filed.
Jun. 09, 1999 (T. Sheehan) Notice of Taking Deposition Duces Tecum (filed via facsimile). 6/10/99)
Jun. 07, 1999 rafiled.
Jun. 07, 1999 JFK Medical Center`s Response to Wellington Regional Medical Center, Inc.`s First Request for Production of Documents filed.
Jun. 07, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s Notice of Service of Answers to Wellington Regional Medical Center, Inc.`s First Set of Interrogatories filed.
Jun. 07, 1999 (S. Ecenia) (2) Notice of Taking Depositions filed.
Jun. 03, 1999 JFK Medical Center`s Supplement to Witness List filed.
May 26, 1999 Good Samaritan`s and St. Mary`s Response to JFK`s Motion to Compel (filed via facsimile).
May 25, 1999 (R. Prescott) Notice of Hearing filed.
May 25, 1999 Wellington`s Response to JFK`s Motion to Compel filed.
May 24, 1999 (R. Newell) Reply to JFK`s Response to Wellington`s Motion to Consolidate filed.
May 19, 1999 JFK Medical Center`s Motion to Compel Discovery Responses From Wellington Medical Center filed.
May 19, 1999 JFK Medical Center`s Expedited Motion to Compel Discovery Responses From Good Samaritan Hospital and St. Mary`s Hospital filed.
May 18, 1999 (R. Prescott) Notice of Taking Depositions Duces Tecum filed.
May 14, 1999 (R. Prescott) Response in Opposition to Motion to Consolidate filed.
May 14, 1999 Notice of St. Mary`s Hospital, Inc. Response to First Set of Interrogatories from Columbia/JFK Medical Center Limited Partnership filed.
May 14, 1999 Notice of Good Samaritan Hospital, Inc. Response to First Set of Interrogatories from Columbia/JFK Medical Center Limited Partnership filed.
May 14, 1999 St. Mary`s Hospital, Inc. Response to Columbia/JFK Medical Center Limited Partnership`s First Requests for Admissions filed.
May 14, 1999 Good Samaritan`s Hospital, Inc. Response to Columbia/JFK Medical Center Limited Partnership`s First Requests for Production of Documents filed.
May 14, 1999 Good Samaritan`s Hospital, Inc. Response to Columbia/JFK Medical Center Limited Partnership`s First Request for Admissions filed.
May 14, 1999 St. Mary `s Hospital, Inc. Response to Columbia/JFK Medical Center Limited Partnership`s First Requests for Production of Documents filed.
May 13, 1999 Wellington Regional Medical Center`s Notice of Service of Answers to JFK Medical Center`s First Set of Interrogatories filed.
May 12, 1999 (R. Newell) Amended Notice of Taking Deposition Duces Tecum filed.
May 07, 1999 (R. Newell) Motion to Consolidate (Cases requested to be consolidated: 99-712, 99-713, 99-714) filed.
May 06, 1999 (R. Newell) Notice of Taking Deposition Duces Tecum; Wellington Regional Medical Center`s Notice of Service of First Set of Interrogatories to Columbia/JFK Medical Center filed.
May 06, 1999 Wellington Regional Medical Center, Inc. d/b/a Wellington Regional Medical Center`s Reqeust for Admissions to Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center filed.
May 06, 1999 Wellington Regional medical Center, Inc.`s First Request for Production of Documents to Columbia/JFK Medical Center filed.
May 06, 1999 Good Samaritan Hospital Notice of Service of First Set of Interrogatories to JFK; Good Samaritan Hospital`s First Request for Production of Documents to JFK; Good Samaritan Hospital`s First Request for Admissions From JFK filed.
May 06, 1999 St. Mary`s Hospital Notice of Service of First Set of Interrogatories to JFK; St. Mary`s Hospital`s First Request for Admissions From JFK; St. Mary`s Hospital`s First Request for Production of Documents to JFK filed.
Apr. 30, 1999 (R. Prescott) Notice of Taking Depositions Duces Tecum filed.
Apr. 30, 1999 (R. Newell) Notice of Taking Deposition Duces Tecum filed.
Apr. 27, 1999 Wellington Regional Medical Center, Inc.`s Response to Columbia/JFK Medical Center Limited Partnership`s First Request for Admissions filed.
Apr. 27, 1999 Wellington Regional Medical Center, Inc.`s Response to Columbia/JFK Medical Center`s First Request for Production of Documents filed.
Apr. 21, 1999 Notice of Amended Hearing Location sent out. (hearing will be held at DeSoto Building)
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s First Request for Production of Documents to Wellington Regional Medical Center, Inc.filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s Notice of Service of First Set of Interrogatories to Wellington Regional Medical Center, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s First Request for Admissions to Wellington Regional Medical Center, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s First Request for Admissions to Good Samaritan Hospital, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK MedicalCenter`s First Request for Production of Documents to Good Samaritan Hospital, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s Notice of Service of First Set of Interrogatories to Good Samaritan Hospital, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s First Request for Admissions to St.Mary`s Hospital, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s First Request for Production of Documents to St. Mary`s Hospital, Inc. filed.
Mar. 29, 1999 Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center`s Notice of Service of First Set of Interrogatories to St. Mary`s Hospital, Inc. filed.
Mar. 19, 1999 Corrected Notice of Hearing sent out. (hearing set for June 30-July 2, 1999; July 6-9, 1999 and July 13-16, 1999
Mar. 17, 1999 Prehearing Order sent out.
Mar. 17, 1999 Notice of Hearing sent out. (hearing set for June 30-July 2, 1999; July 5-9, 1999 and July 13-16, 1999; 9:00am; Talla)
Mar. 17, 1999 Order of Consolidation sent out. (Consolidated cases are: 99-000712, 99-000713, 99-000714)
Mar. 05, 1999 (T. Konrad) Response to Petition for Formal Administrative Hearing rec`d
Feb. 23, 1999 (T. Konrad) Notice of Appearance filed.
Feb. 19, 1999 Initial Order issued.
Feb. 17, 1999 Notice of Related Petitions; Notice; Petition for Formal Administrative Hearing rec`d

Orders for Case No: 99-000714CON
Issue Date Document Summary
May 05, 2000 Agency Final Order
Apr. 07, 2000 Recommended Order Recommend approval of Certificate of Need for 20 additional acute care beds due to large percentage (65% of total) of admissions from emergency room and backlog in intensive care and monitored beds; special circumstances occupancy in acute care beds.
Source:  Florida - Division of Administrative Hearings

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