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HOSPICE CARE OF BROWARD COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 00-000774CON (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000774CON Visitors: 23
Petitioner: HOSPICE CARE OF BROWARD COUNTY, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Feb. 18, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 19, 2001.

Latest Update: Dec. 25, 2024
FILED STATE OF FLORIDA - AGENCY FOR HEALTH CARE ADMINISTRATION FE3-9 0! AHCA DEPARTMENT CLERK HOSPICE CARE OF BROWARD COUNTY, INC., Petitioner, D mM (mY) a vs. Case Nos. 00-0774 o CON No. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, C\ and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC., Intervenor. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notices of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. . FINDINGS OF FACT 1. On January 18, 2001, Petitioner filed its Notices of Voluntary Dismissal. On J anuary 19, 2001, Administrative Law Judge Maloney entered the Order Closing Files. 2. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissal and Order Closing Files. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2000). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and the Agency will issue Certificate of Need (CON) Number 9338. ; DONE and ORDERED this | # day of , 2001, in Tallahassee, Florida. tt uben J. King-Shaw, Jr., Secretary 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 FEES 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 OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: J. Robert Griffin J. Robert Griffin, PA. 1435 E. Piedmont Drive, Suite 210 Tallahassee, Florida 32312 : Stephen A. Ecenia Rutledge Ecenia Purnell & Hoffman, PA Post Office Box 551 Tallahassee, Florida 32302-0551 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this Bsn, of, above-named people. R.% Power, A gency Clark Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HOSPICE CARE OF BROWARD COUNTY, MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC., Intervenor. ) INC., ) ) Petitioner, ) ) vs. ) Case Nos. 00-0774 ) 00-3225 AGENCY FOR HEALTH CARE ) ADMINISTRATION, ) ) Respondent, ) ) and ) ) ) ) ) ) ) ORDER CLOSING FILES This cause having come before the undersigned on Notices of Voluntary Dismissals, filed January 18, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that the files of the Division of ‘Administrative = Hearings in the above-captioned matter are hereby closed. ReGEly JAN 22 duu AGENCY FOR HEALTH CARF ADMINISTRATION-LERa! DONE AND ORDERED this 0 day of January, 2001, in Tallahassee, Leon County, Florida. ID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Divisi f Administrative Hearings this day of January, 2001. COPIES FURNISHED: Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell and Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551~ J. Robert Griffin, Esquire dg. Robert Griffin, P. A. 1435 East Piedmont Drive, Suite 210 Tallahassee, Florida 32312 Richard A. Patterson, Esquire Agency for Health Care Administration 2727 Mahan Drive , Building Three, Suite 3431 Tallahassee,” Florida 32308-5403 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HOSPICE CARE OF BROWARD COUNTY, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and MIAMI JEWISH HOME AND = HOSPITAL FOR THE AGED, p IY : INC., , ; Intervenor. JAN 19 2001 / CY FOR HEALTH CARF HOSPICE CARE OF BROWARD AREY OTRATIONLEG@A! COUNTY, INC., Petitioner, vs. CASE NO. 00-3225 AGENCY FOR HEALTH CARE ADMINISTRATION and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. - Respondents. / NOTICE OF VOLUNTARY DISMISSAL Petitioner, Hospice Care of Broward County, Inc., by and through its undersigned counsel, hereby voluntarily dismisses, with prejudice, its Petition for Formal Administrative Hearing, assigned Division of Administrative Hearings Case No. 00-0774. RESPECTFULLY SUBMITTED this LE say of January, 2001. STEPHEN A. ECENIA R. DAVID PRESCOTT Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe St., Suite 420 Post Office Box 551 Tallahassee, FL 32302-0551 (850) 681-6788 ATTORNEYS FOR HOSPICE CARE OF BROWARD COUNTY, INC. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Facsimile Transmission and by U.S. Mail to the following this A F: Esa of January, 2001: Richard A. Patterson, Esquire Agency for Health Care Administration Office of the General Counsel 2727 Mahan Drive Tallahassee, FL 32308 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1435 E. Piedmont Drive Suite 210 Tallahassee, FL 32312 ) Ja . Attorney STEVE\HOSPICE\0774.Vol Dis Fixed Needérft2.02 STATE OF FLORIDA OL, Xo ee DIVISION OF ADMINISTRATIVE HEARINGS 44) 4,“ HOSPICE CARE OF BROWARD COUNTY, INC., Petitioner, vs. CASE NO. 00-0774 AGENCY FOR HEALTH CARE ADMINISTRATION, : Respondent, and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC., Intervenor. / HOSPICE CARE OF BROWARD COUNTY, INC., Petitioner, vs. CASE NO. 00-3225 AGENCY FOR HEALTH CARE ADMINISTRATION and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. e Respondents. NOTICE OF VOLUNTARY DISMISSAL Petitioner, Hospice Care of Broward County, Inc., by and through its undersigned counsel, hereby voluntarily dismisses, with prejudice, its Petition For Formal Administrative Hearing, assigned Division of Administrative Hearings Case No. 00-3225. RESPECTFULLY SUBMITTED this, day of January, 2001. STEPHEN A. ECENIA R. DAVID PRESCOTT Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe St., Suite 420 Post Office Box 551 Tallahassee, FL 32302-0551 (850) 681-6788 ATTORNEYS FOR HOSPICE CARE OF BROWARD COUNTY, INC. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Facsimile Transmission and by U.S. Mail to the following this “ “) day of January, 2001: Richard A. Patterson, Esquire J. Robert Griffin, Esquire Agency for Health Care Administration J. Robert Griffin, P.A. Office of the General Counsel 1435 E. Piedmont Drive 2727 Mahan Drive Suite 210 Tallahassee, FL 32308 Tallahassee, FL 32312 _ Attorney STEVE\HOSPICE\0776. Vol Dis Fixed Needdrft1.02

Docket for Case No: 00-000774CON
Issue Date Proceedings
Feb. 09, 2001 Final Order filed.
Jan. 19, 2001 Order Closing Files issued. CASE CLOSED.
Jan. 18, 2001 (Petitioner) Notice of Voluntary Dismissal filed.
Dec. 13, 2000 Order Continuing Case in Abeyance issued (parties to advise status by January 19, 2001).
Dec. 08, 2000 Joint Notice of Case Status and Request for Continued Abeyance filed.
Nov. 07, 2000 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by December 7, 2000).
Nov. 07, 2000 Joint Motion to Place Case in Abeyance (filed via facsimile).
Oct. 24, 2000 Miami Jewish Home and Hospital for the Aged, Inc.`s Exhibit List (filed via facsimile).
Oct. 24, 2000 Miami Jewish Home and Hospital for the Aged, Inc.`s Witness List (filed via facsimile).
Oct. 24, 2000 Notice of Taking Deposition Duces Tecum (5) filed.
Oct. 16, 2000 Miami Jewish Home and Hospital for the Aged, Inc.`s Response to Hospice Care of Broward County, Inc.`s First and Second Request for Production of Documents filed.
Oct. 12, 2000 Notice of Taking Deposition to Perpetuate Testimony (filed by R. Patterson via facsimile).
Oct. 10, 2000 Hospice Care of Broward County, Inc.`s Response to Miami Jewish Home and Hospital for the Aged, Inc.`s First Request for Production of Documents filed.
Sep. 27, 2000 Miami Jewish Home and Hospital, Inc.`s Second Request for Production of Documents to Hospice Care of Broward County, Inc. filed.
Sep. 25, 2000 Order issued. (the style of this case is hereby amended)
Sep. 21, 2000 Hospice Care of Broward County, Inc.`s Second Request for Production to Miami Jewish Home and Hospital filed.
Sep. 20, 2000 Order of Pre-Hearing Instructions issued.
Sep. 20, 2000 Notice of Hearing issued (hearing set for November 13 through 17, 2000, 9:00 a.m., Tallahassee, Fl.)
Sep. 20, 2000 Order of Consolidation issued. (consolidated cases are: 00-000774, 00-003225)
Sep. 15, 2000 Alive Hospice, Inc.`s Notice of Voluntary Dismissal (filed via facsimile).
Sep. 15, 2000 Hospice Care of Broward County, Inc.`s First Request for Production to Miami Jewish Home and Hospital filed.
Sep. 15, 2000 Notice of Case Conference (filed by Respondent via facsimile).
Sep. 11, 2000 Order Closing File (DOAH Case No. 00-773) issued.
Sep. 11, 2000 Petitioner Alive Hospice, Inc.`s First Request for Production to Miami Jewish Home and Hospital, Inc. filed.
Sep. 11, 2000 Notice of Service of Petitioner Alive Hospice, Inc.`s First Interrogatories to Miami Jewish Home and Hospital, Inc. filed.
Sep. 08, 2000 Miami Jewish Home and Hospital for the Aged, Inc.`s First Request for Production of Documents to Alive Hospice, Inc. filed.
Sep. 08, 2000 Miami Jewish Home and Hospital for the Aged, Inc.`s First Request for Production of Documents to Hospice Care of Broward County, Inc. filed.
Sep. 08, 2000 Notice of Service of Miami Jewish Home and Hospital for the Aged, Inc.`s First Set of Interrogatories to Alive Hospice, Inc. filed.
Aug. 30, 2000 Vitas Healthcare`s Notice of Voluntary Dismissal filed.
Aug. 17, 2000 Order Granting Intervention issued. (Miami Jewish Home and Hospital for the Aged, Inc.)
Jul. 17, 2000 Petition to Intervene (Miami Jewish Home and Hospital for the Aged, Inc.) filed.
May 04, 2000 Order of Consolidation and Placing Cases in Abeyance sent out. (parties shall file a response by August 31, 2000) (Consolidated cases are: 00-000773, 00-000774)
May 02, 2000 (S. Ecenia) Response to Initial Order and Motion to Consolidate (Cases requested to be consolidated: 00-773, 00-774) filed.
Apr. 19, 2000 Order Granting Intervention sent out. (Alive Hospice, Inc.)
Mar. 24, 2000 (Alive Hospice, Inc.) Petition to Intervene filed.
Feb. 24, 2000 Initial Order issued.
Feb. 18, 2000 Petition for Formal Administrative Hearing filed.
Feb. 18, 2000 Notice filed.
Source:  Florida - Division of Administrative Hearings

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