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NATIONAL HEALTHCARE, L.P. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 99-002194CON (1999)

Court: Division of Administrative Hearings, Florida Number: 99-002194CON Visitors: 10
Petitioner: NATIONAL HEALTHCARE, L.P.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 13, 1999
Status: Closed
Recommended Order on Monday, August 14, 2000.

Latest Update: Jul. 02, 2004
Summary: Which of three competing applicants for a certificate of need to construct a nursing home in health planning District 4, Subdistrict 3, best meets the statutory and rule criteria for approval.On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
414-00 STATE OF FLORIDA | a AGENCY FOR HEALTH CARE ADMINISTRATION nat oe SAWGRASS CARE CENTER, INC.; AT eee NATIONAL HEALTHCARE, L. P.; and OAD wr WOODLANDS EXTENDED CARE, INC., CASE NO.: 99-2028, 99-2194 99-2195, 99-2757 Petitioners, CON NO.: 9123 9125, 9126 v. RENDITION NO.: AHCA-00-/@3-FOF-CON STATE OF FLORIDA, AGENCY FOR FIN H- Cl vs HEALTH CARE ADMINISTRATION and NATIONAL HEALTHCARE CORPORATION, Respondents. £2. / Soe. Os. FINAL ORDER Oe. ¢ This cause was referred to the Division of Administrative Hearings for'a formal administrative hearing. The assigned Administrative Law Judge (“ALJ”) “has submitted a Recommended Order to the Agency for Health Care Administration (“Agency”). The Recommended Order of August 14, 2000, entered herein is incorporated by reference. RULING ON EXCEPTIONS NATIONAL HEALTHCARE CORPORATION National excepts to the ALJ’s finding that the staffing level proposed by Woodlands is superior to that proposed by National. National does not assert that the finding is unsupported by competent, substantial evidence; instead it asks that the expert opinion supporting the finding be disregarded as a sanction for an alleged discovery violation by Woodlands. National maintains that Woodlands’ expert “. . . deliberately and purposely withheld . . .” his opinion when he was deposed. This is a serious allegation, but it is not supported by the record. Furthermore, National has cited no authority for the Agency to review the ALJ’s ruling on this matter. See §120.57(1)(1), Fla. Stat. (1999). The exception is denied. National excepts to the ALJ’s findings regarding the merits of centralized bathing facilities versus a shower in each resident's bathroom. National also excepts to the finding that individual showers are of little benefit in an Alzheimer’s care unit because residents suffering from Alzheimer’s disease are not likely to be able to bathe without assistance. The challenged findings were the subject of conflicting expert opinion. The Agency has no authority to reweigh such evidence; therefore, the exceptions are denied. See e.g. Collier Medical Center v. Dept. of Health and Rehabilitative Services, 462 So.2d &3, 85 (Fla. 15 DCA 1985). ' National excepts to the findings that Woodlands’ application complied with the requirement that the application for a CON include an accurate list of planned capital projects. The findings are supported by competent, substantial evidence; therefore, the exceptions are denied. National excepts to the finding in paragraph 74 regarding the applicants’ commitment to provide indigent care. The challenged finding is supported by competent, substantial evidence; therefore, the exception is denied. FINDINGS OF FACT The Agency hereby adopts the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW ' The Agency hereby adopts the conclusions of law set forth in the Recommended Order. Based on the foregoing, the application of Woodlands Extended Care, Incorporated, for CON 9123 is APPROVED. The applications of Sawgrass Care Center, Incorporated, and National Healthcare Corporation for CONs 9126 and 9125 respectively are DENIED. DONE and ORDERED this _=> day of pike 2000, in Tallahassee, Florida. LORIBA AGENCY FOR HEATH QARBADMINISTRATION 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: Theodore E. Mack, Esquire Powell & Mack 803 North Calhoun Street Tallahassee, Florida 32303 Robert D. Newell, Jr., Esquire Newell & Terry 817 North Gadsden Street Tallahassee, Florida 32303-6313 Eleanor M. Hunter Administrative Law Judge DOAH, The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Gerald B. Sternstein, Esquire Frank P. Rainer, Esquire Sternstein, Rainer & Clarke, P. A. 314 North Calhoun Street Tallahassee, Florida 32301-7606 Richard A. Patterson, Esquire ; Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building HJ Tallahassee, Florida 32308 Jeff Gregg (AHCA/CON) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that U. & Mail served a copy of the foregoing on the above-named people this =~ ~ Yay of __, 2000. R. S. Power, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III, MS 3 Tallahassee, Florida 32308 850/922-5865 power/21-Sep-00

Docket for Case No: 99-002194CON
Issue Date Proceedings
Jul. 02, 2004 Final Order filed.
Aug. 14, 2000 Recommended Order issued (hearing held November 4, 5, 8, 9, 10, 1999) CASE CLOSED.
Apr. 06, 2000 (F. Rainer) Response to Sawgrass` Motion to Strike filed.
Apr. 03, 2000 Motion to Strike (Sawgrass) filed.
Mar. 14, 2000 National Healthcare Corporation`s Proposed Recommended Order filed.
Mar. 14, 2000 Proposed Recommended Order of Woodlands Extended Care, Inc. filed.
Mar. 14, 2000 Sawgrass Care Center, Inc.`s Proposed Recommended Order filed.
Mar. 14, 2000 Co-Respondent AHCA`S Proposed Recommended Order filed.
Feb. 18, 2000 Order Granting Motions to Extend Time for Filing Proposed Recommended Orders sent out. (deadline for filing proposed recommended orders is extended until 3/14/00)
Feb. 18, 2000 (F. Rainer) Supplement to Motion to Extend Time for Filing Proposed Recommended Orders filed.
Feb. 16, 2000 (F. Rainer) Motion to Extend Time for Filing Proposed Recommended Orders filed.
Jan. 28, 2000 Order Granting Motion for Extension of Time to File Proposed Recommended Orders sent out.
Jan. 27, 2000 (R. Newell) Motion for Extension of Time to File Proposed Recommended Orders filed.
Dec. 23, 1999 (F. Rainer) Notice of Submission of late Filed Exhibits; Exhibits filed.
Dec. 03, 1999 Notice of Filing; DOAH Court Reporter Final Hearing Transcripts (11 Volumes tagged) filed.
Dec. 01, 1999 (F. Rainer) Amended Notice of Taking Rebuttal Testimony filed.
Nov. 29, 1999 NHC`s Notice of Taking Deposition filed.
Nov. 29, 1999 NHC`s Notice of Taking Deposition filed.
Nov. 24, 1999 (F. Rainer) Notice of Filing NHC Exhibit No. 18 (Deposition of Lori A. Bilello); Exhibit No. 18 filed.
Nov. 02, 1999 (G. Sternstein, T. Mack, R. Newell, R. Patterson) Prehearing Stipulation filed.
Nov. 01, 1999 CASE STATUS: Hearing Held.
Nov. 01, 1999 NHC`s Response to Sawgrass` Request for Production of Documents filed.
Oct. 27, 1999 (Sawgrass) Amended Notice of Taking Deposition Ad Testificandum filed.
Oct. 26, 1999 (Florida Nursing Care Association) Notice of Voluntary Dismissal (filed via facsimile).
Oct. 25, 1999 Sawgrass Care Center, Inc`s Response to National Healthcare Corporation`s Request for Production filed.
Oct. 25, 1999 Memo to Judge Hunter from R.B. McKibben (RE: waiving rights to attend the hearing) (filed via facsimile).
Oct. 25, 1999 Letter to Judge Hunter from Frank Rainer (depositions) (filed via facsimile).
Oct. 22, 1999 NHC`s Motion for Protective Order as to the Deposition of Philip Charles Brauening filed.
Oct. 22, 1999 NHC`s Notice of Taking Deposition filed.
Oct. 20, 1999 (R. Newell) Notice of Taking Deposition Ad Testificandum filed.
Oct. 20, 1999 (R. Newell) Notice of Taking Deposition Ad Testificandum filed.
Oct. 19, 1999 NHC`s Notice of Taking Deposition filed.
Oct. 18, 1999 (Petitioner) Amended Notice of Taking Deposition Ad Testificandum; Notice of Taking Deposition Ad Testificandum filed.
Oct. 15, 1999 Amended Notice of Hearing (Amended as to location of hearing only) sent out. (hearing set for November 1 through 12, 1999, excluding November 11; 9:00am; Tallahassee) 11/1/99)
Oct. 15, 1999 Amended Witness and Exhibit List for Florida Nursing Associates (Georgia), LLC (filed via facsimile).
Oct. 15, 1999 (R. McKibben) Witness and Exhibit List for Florida Nursing Associates (Georgia), LLC (filed via facsimile).
Oct. 14, 1999 Sawgrass Care Center, Inc.`s Witness List filed.
Oct. 13, 1999 Affidavit of Richard F. LaRoche filed.
Oct. 13, 1999 NHC`s Response to Sawgrass` Motion to Compel and NHC`s Motion for Protective Order filed.
Oct. 12, 1999 (Petitioner) (2) Amended Notice of Taking Deposition Ad Testificandum filed.
Oct. 08, 1999 (Petitioner) (2) Notice of Taking Deposition Ad Testificandum filed.
Oct. 07, 1999 (Petitioner) (2) Notice of Taking Deposition Ad Testificandum filed.
Oct. 07, 1999 (R. Newell) Notice of Filing Attachment to Sawgrass` Motion to Compel filed.
Oct. 07, 1999 (R. McKibben) Motion for Protective Order and Motion for Continuance of Final Hearing (filed via facsimile).
Oct. 07, 1999 (Petitioner) Motion to Compel filed.
Oct. 07, 1999 (G. Sternstein) Notice of Serving Interrogatory Answers by National Healthcare Corporation to Florida Nursing Care Associates (Georgia), LLC filed.
Oct. 07, 1999 (G. Sternstein) Notice of Serving Interrogatory Answers by National Healthcare Corporation to Woodlands Extended Care, Inc. filed.
Oct. 07, 1999 (R. Newell) Notice of Taking Deposition Ad Testificandum filed.
Oct. 06, 1999 NHC`s Response to Sawgrass` Motion for Protective Order and Motion for Continuance of Final Hearing filed.
Oct. 01, 1999 Sawgrass Care Center, Inc.`s Notice of Service of Answers to National Healthcare Corporation`s First Set of Interrogatories filed.
Oct. 01, 1999 Sawgrass Care Center, Inc.`s Request for Production to National Healthcare Corporation filed.
Sep. 29, 1999 (R. Newell) Motion for Protective Order or, in the Alternative,Continuance filed.
Sep. 24, 1999 (F. Rainer) (3) Notice of Taking Deposition and Request for Production of Documents filed.
Sep. 13, 1999 Order of Consolidation sent out. 99-002757) was/were added to the consolidated batch.
Sep. 10, 1999 National Healthcare Corporation`s Objections to Woodlands Extended Care Inc.`s First Interrogatories filed.
Aug. 24, 1999 NHC`s Renewed Motion for Consolidation of Administrative Proceedings Involving Co-Batched Applications (Cases requested to be consolidated: 99-2757, 99-2028, 99-2193, 99-2194, 99-2195) filed.
Aug. 04, 1999 Notice of Service of National Healthcare Corporation`s First Set of Interrogatories to Florida Nursing Care Associates (Georgia), LLC filed.
Aug. 04, 1999 Notice of Service of National Healthcare Corporation`s First Set of Interrogatories to Woodlands Extended Care, Inc. filed.
Aug. 04, 1999 Notice of Service of National Healthcare Corporation`s First Set of Interrogatories to Sawgrass Care Center, Inc. filed.
May 28, 1999 Notice of Hearing sent out. (hearing set for November 1-5, and 8-12, 1999; 9:00am; Tallahassee) 11/1/99)
May 28, 1999 Order of Pre-hearing Instructions sent out.
May 28, 1999 Order of Consolidation sent out. (Consolidated cases are: 99-002028, 99-002193, 99-002194, 99-002195)
May 24, 1999 (AHCA) Motion for Consolidation and Response to Initial Orders (Cases requested to be consolidated: 99-2028, 99-2193, 99-2194, 99-2195) filed.
May 17, 1999 Initial Order issued.
May 13, 1999 Notice of Related Petitions; Notice; Petition Supporting Award and Challenging Other Co-Batched Applications filed.

Orders for Case No: 99-002194CON
Issue Date Document Summary
Oct. 05, 2000 Agency Final Order
Aug. 14, 2000 Recommended Order On balance, applicant proposing to build in the area of the subdistrict without existing approved Certificate of Need (CON), with higher level staff providing direct care hours and with better design, best meet CON criteria for new nursing home.
Source:  Florida - Division of Administrative Hearings

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