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, April 2, 2002.
Latest Update: Feb. 11, 2025
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION 3322 02
GENESIS REHABILITATION HOSPITAL, INC., PERS ABC A
et al, PARTMENT CLERK
Petitioner, * wR
eo eet
vs. Case No. 01-0360COKM ES ty
CON NO. 9383 ; eh
STATE OF FLORIDA, AGENCY FOR HEALTH pm - =
CARE ADMINISTRATION, " ae
C kos Ro we rm
Respondent, :
and
FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a
TAMPA GENERAL HOSPITAL; CONTINENTAL
MEDICAL OF PALM BEACH, INC.; and UNIVERSITY
COMMUNITY HOSPITAL, d/b/a UNIVERSITY
COMMUNITY HOSPITAL,
Intervenors.
/
ee
FINAL ORDER
THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an
order of Administrative Law Judge David M. Maloney, attached hereto, dismissing the case, it
appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that Case No.
01-0360CON is closed and Case No. 01-0361CON remains open.
FINDINGS OF FACT
1. On March 29, 2002, Petitioner filed its Notice of Voluntary Dismissal in Case
NO. 01-0360 and dismissing Petition to Intervene in Case No. 01-0361CON. On April 2, 2002,
Administrative Law Judge Maloney entered the Order Closing File
2. The Agency hereby adopts and incorporates by reference the attached Notice of
Voluntary Dismissal and Order Closing File.
3. DOAH consolidated Case No. 01-0361CON remains open.
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. (2001).
Based on the foregoing,
IT IS ADJUDGED THAT:
The above-styled case is DISMISSED and Certificate of Need (CON) Application
Number 9383 to construct a 60 bed freestanding CMR hospital in Hillsborough County, AHCA
District 6 is denied.
DONE and ORDERED this g day of June, 2002, in Tallahassee, Florida.
‘honda M. Medows, MD, 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:
Stephen A. Ecenia, Esq.
Rutledge, Ecenia, Purnell & Hoffman, P.A.
215 South Monroe Street, Suite 420
P.O. Box 551
Tallahassee, Florida 32302
Elizabeth McArthur, Esq.
Katz, Kutter, Alderman, Bryant & Yon, P.A.
106 East College Avenue, Suite 1200
P.O. Box 1877
Tallahassee, Florida 32302
Thomas F. Panza, Esq.
Panza, Maurer & Maynard, P.A.
3600 North Federal Highway
NationsBank Bldg., 3 Floor
Fort Lauderdale, Florida 33308
James Hauser, Esq.
Metz, Hauser & Husband, P.A.
P.O. Box 10909
Tallahassee, Florida 32302
John F. Gilroy, Senior Counsel
Agency for Health Care Administration
Mail Stop #3
David M. Maloney
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
CON Office
Agency for Health Care Administration
Mail Stop #28
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
. ot, 260
U.S. Mail, this W44ay of f 40 r to the above-named people.
Libis ALS Lb.
Lealand McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
JFG/sr
Docket for Case No: 01-000360CON
Issue Date |
Proceedings |
Aug. 23, 2002 |
Final Order filed.
|
May 02, 2002 |
Continental Medical of Palm Beach, Inc. Answers to First Set of Interrogatories Propounded by Florida Health Sciences Center, Inc.d/b/a/ Tampa General Hospital filed.
|
May 02, 2002 |
Continental Medical of Palm Beach, Inc. Notice of Service of Answers to First Set of Interrogatories Propounded by Florida Health Sciences Center, Inc. d/b/a/ Tampa General Hospital filed.
|
Apr. 02, 2002 |
Order Closing File issued. CASE CLOSED.
|
Apr. 01, 2002 |
Continental Medical of Palm Beach, Inc. Notice of Service of Answers to First Set of Interrogatories Propounded by Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
|
Apr. 01, 2002 |
Continental Medical of Palm Beach, Inc. Response to Request for Request for Production of Documents Propounded by Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital filed.
|
Apr. 01, 2002 |
Continental Medcial of Palm Beach, Inc. Notice of Service of Answers to First Set of Interrogatories Propounded by Genesis Rehabilitation Hospital, Inc. filed.
|
Apr. 01, 2002 |
Continental Medical of Palm Beach, Inc. Response to First Request for Production Propounded by Genesis Rehabilitation Hospital, Inc. filed.
|
Apr. 01, 2002 |
Continental Medical of Palm Beach, Inc. Response to First Request for Production of Documents Propounded by University Community Hospital, Inc., d/b/a University Community Hospital filed.
|
Mar. 29, 2002 |
Notice of Voluntary Dismissal filed by Genesis.
|
Mar. 28, 2002 |
UCH`s Responses and Objections to Continental`s First Request for Production of Documents and Continental`s First Set of Interrogatories filed.
|
Mar. 28, 2002 |
UCH`s Responses to Continental`s Requests for Admission filed.
|
Feb. 21, 2002 |
UCH`s First Request for Production of Documents to Genesis filed.
|
Jan. 11, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 10 through 14 and 17 through 21, 2002; 9:00 a.m.; Tallahassee, FL).
|
Jan. 10, 2002 |
Unopposed Joint Motion for Continuance filed.
|
Dec. 28, 2001 |
Genesis Rehabilitation Hospital, Inc.`s Notice of Service of First Set of Interrogatories and First Request for Production to University Community Hospital filed.
|
Dec. 28, 2001 |
Genesis Rehabilitation Hospital, Inc.`s Notice of Service of First Set of Interrogatories and First Request for Production to Tampa General Hospital filed.
|
Dec. 27, 2001 |
UCH`s First Request for Production of Documents to Continental filed.
|
Dec. 26, 2001 |
Genesis Rehabilitation Hospital, Inc.`s First Request for Production to Continental Medical of Palm Beach, Inc. filed.
|
Dec. 26, 2001 |
Genesis Rehabilitation Hospital, Inc.`s Notice of Service of First Set of Interrogatories to Continental Medical of Palm Beach, Inc. filed.
|
Dec. 17, 2001 |
Continental Medical of Palm Beach, Inc.`s Request for Production to University Communty Hospital, Inc. d/b/a University Community Hospital filed.
|
Dec. 17, 2001 |
Continental Medical of Palm Beach, Inc.`s Notice of Service of First Set of Interrogatories to University Community Hospital, Inc. d/b/a University Community Hospital filed.
|
Dec. 17, 2001 |
Continental Medical of Palm Beach, Inc.`s First Request for Admissions to University Community Hospital, Inc. d/b/a University Community Hospital filed.
|
Dec. 17, 2001 |
Continental Medical of Palm Beach, Inc.`s First Set of Interrogatories to University Community Hospital, Inc. d/b/a University Comunity Hospital filed.
|
Dec. 10, 2001 |
Tampa General`s First Request to Genesis Rehabilitation Hospital, Inc. for Production of Documents (filed via facsimile).
|
Dec. 07, 2001 |
Tampa General`s Certificate of Service of its First Set of Interrogatories to Continental Medical of Palm Beach, Inc. (filed via facsimile).
|
Dec. 07, 2001 |
Tampa General`s First Request to Continental Medical of Palm Beach, Inc. for Production of Documents (filed via facsimile).
|
Nov. 15, 2001 |
Order Granting Intervention issued (University Community Hospital, Inc. d/b/a University Community Hospital).
|
Oct. 29, 2001 |
UCH`s Petition to Intervene
|
Oct. 18, 2001 |
Genesis Rehabilitation Hospital`s Response to Continental`s First Request for Admissions filed.
|
Oct. 18, 2001 |
Genesis Rehabilitation Hospital`s Response to Continental`s First Request for Production filed.
|
Oct. 18, 2001 |
Genesis Rehabilitation Hospital`s Notice of Service of Answers to Continental`s First Set of Interrogatories filed.
|
Sep. 21, 2001 |
Tampa General`s Responses to Continental`s Requests for Admissions filed.
|
Sep. 21, 2001 |
Tampa General`s Responses to Continental`s Request for Production of Documents filed.
|
Aug. 28, 2001 |
Notice of Appearance and Substitution of Counsel (filed by Respondent via facsimile).
|
Aug. 02, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for February 18 through 22, 2002; 9:00 a.m.; Tallahassee, FL).
|
Aug. 01, 2001 |
Order Granting Intervention issued (Continental Medical of Palm Beach, Inc.)
|
Aug. 01, 2001 |
Motion for Continuance filed by T. Panza
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Set of Interrogatories to the Agency for Health Care Administration filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Set of Interrogatories to Genisis Rehabititation Hospital, Inc. filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc. Notice of Service of First Set of Interrogatories to Genesis Rehabilitation Hospital, Inc. filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s Request for Production to Genesis Rehabilitation Hospital, Inc. filed.
|
Jul. 02, 2001 |
Petition to Intervene (filed by Continental Medical of Palm Beach, Inc.).
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s Request for Production to the Agency for Health Care Administration filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc. Notice of Service of First Set of Interrogatories to the Agency for Health Care Administration filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Request for Admissions to The Agency for Health Care Administration filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Request for Admissions to Genesis Rehabilitation Hospital, Inc. filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Request for Admissions to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s Request for Production to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc.`s First Set of Interrogatories to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
|
Jul. 02, 2001 |
Continental Medical of Palm Beach, Inc. Notice of Service of First Set of Interrogatories to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
|
Mar. 20, 2001 |
Order Granting Interventions issued (Genesis Rehabilitation Hospital, Inc., and Tampa General`s).
|
Mar. 01, 2001 |
Tampa General`s Petition to Intervene filed.
|
Feb. 13, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-000360, 01-000361)
|
Feb. 13, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 13, 2001 |
Notice of Hearing issued (hearing set for October 15 through 19, 2001; 9:00 a.m.; Tallahassee, FL).
|
Feb. 09, 2001 |
Motion for Consolidation and Response to Initial Orders (01-0361 and 01-0360 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.
|