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: 99-002757CON

Orders for Case No: 99-002757CON