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GENESIS REHABILITATION HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-000360CON (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000360CON Visitors: 3
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: Sep. 19, 2024
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.
Source:  Florida - Division of Administrative Hearings

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