Petitioner: GENESIS REHABILITATION HOSPITAL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 26, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 12, 2002.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA way ts AD
DIVISION OF ADMINISTRATIVE HEARINGS _ 8
GENESIS REHABILITATION HOSPITAL
INC., d/b/a BROOKS REHABILITATION
HOSPITAL,
Petitioner,
vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
GENESIS REHABILITATION
HOSPITAL, INC.,
Petitioner, Case No. 01-0353
CON 9373
vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
FINAL ORDER
THIS CAUSE CAME before me for the purpose of issuing a final agency order.
As a result of Genesis Rehabilitation Hospital Inc., d/b/a Brooks Rehabilitative Hospital
(“Petitioner”) filing a Notice of Voluntary Dismissal attached hereto as “Exhibit A” and
the issuance of an order by of Administrative Law Judge David Maloney, dismissing the
case, attached hereto as “Exhibit B”, and it appearing that there are no issues of disputed
facts would state as follows.
FINDINGS OF FACT
1.
Administrative Hearing contesting the Agency for Health Care Administration’s
(“Respondent”) Preliminary denial of Certificate of Need (CON) 9373 to add a 40 bed
comprehensive medical rehabilitation (CMR) hospital and CON 9374 to add 20
comprehensive medical rehabilitation (CMR) beds.
2. On March 8, 2002, Petitioner filed its Notice of Voluntary Dismissal,
dismissing their Petition. On March 12, 2002, Judge Maloney entered the Order Closing
Files.
3. The Agency hereby adopts and incorporates by reference the attached
Notice of Voluntary Dismissal and Order Closing Files.
4. 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 §§ 120.569, 120.57 and 408.039, Fla. Stat. (2001), and Chapter
59C-1, Fla Administrative Code.
Based on the foregoing,
IT IS ADJUGED THAT:
The above-styled case is dismissed and CON number 9374 to add 20 CMR beds
to the existing facility in Duval County and CON 9373 to add a 40 CMR beds hospital,
AHCA District 4 are denied.
2 a
Tep2, vied
DONE and ORDERED this__2_ day of MoM
Florida. Uy: 7 ty
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Z XY
Rhonda, , MD, Secretary
Agenc for Health Care Administration
A PARTY WHOIS ADVERSELY AFFECTED BY THIS FINAL ORDER
IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY
FILING ONE SECOND COPY, ALONG WITH THE FILING FEES AS
PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEALS IN THE
APPELLATE DISTRICT WHERE THE REVIEWPROCEEDINGS SHALL BE
CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR
APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED
WITHIN 30 DAYS OF REDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Stephen A. Ecenia, Esquire
Rutledge, Ecenia, Purnell and Hoffman, P.A.
215 South Monroe Street, Suite 420
P.O. Box 551
Tallahassee, Fl. 32302
Gerald L. Pickett
Assistant General Counsel
Agency For Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Fl. 32308-5403
David M. Maloney
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Fl. 32399-1550
Jeff Gregg
AHCA/CON (MS 28)
CERTIFICATE OF SERVICE
“At é
I HEREBY CERTIFY that a true and correct copy of this Final Order was @grvede
on the above-named person(s) and entities by U.S. Mail, or the method designated, on
this |(Dday of uM am ‘ , 2002.
i| ; —T iS
tt i
AyGiirginia Daire, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5865
Docket for Case No: 01-000353CON
Issue Date |
Proceedings |
May 20, 2002 |
Final Order filed.
|
Mar. 12, 2002 |
Order Closing File issued. CASE CLOSED.
|
Mar. 08, 2002 |
Notice of Voluntary Dismissal filed by Petitioner.
|
Feb. 08, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by February 21, 2002).
|
Feb. 07, 2002 |
Motion for Extension of Time File Status Report filed by T. Konrad
|
Nov. 01, 2001 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by February 1, 2002).
|
Oct. 31, 2001 |
Joint Motion for Abatement filed.
|
Oct. 25, 2001 |
Notice of Appearance as Co-Counsel (filed by via facsimile).
|
Aug. 09, 2001 |
Amended Notice of Hearing issued. (hearing set for November 5 through 9, 13 through 16 and November 19, 2001; 9:00 a.m.; Tallahassee, FL, amended as to hearing dates).
|
Jul. 30, 2001 |
Case(s): 01-000351 |
Jul. 27, 2001 |
Notice of Voluntary Dismissal (filed by T. Panza via facsimile).
|
Mar. 20, 2001 |
Order Granting Intervention issued (Genesis Rehabilitation Hospital, Inc.).
|
Feb. 13, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-000351, 01-000352, 01-000353)
|
Feb. 09, 2001 |
Motion for Consolidation and Response to Initial Order (01-0351, 01-0352 and 01-0353 filed via facsimile).
|
Jan. 30, 2001 |
Initial Order issued.
|
Jan. 26, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jan. 26, 2001 |
Notice (of Agency referral) filed.
|
Jan. 26, 2001 |
Notice of Related Petitions filed.
|