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EAST PASCO MEDICAL CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 02-000434CON (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000434CON Visitors: 8
Petitioner: EAST PASCO MEDICAL CENTER, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Feb. 05, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 5, 2002.

Latest Update: Nov. 16, 2024
STATE OF FLORIDA neo es 8 AGENCY FOR HEALTH CARE ADMINISTRATION EAST PASCO MEDICAL CENTER, INC., an oo . Petitioner, oy AHCA no. 2002046552: vs. Case No. 02-0434CON: CON 9489 ae STATE OF FLORIDA, AGENCY FOR : HEALTH CARE ADMINISTRATION, apt (A cle A Respondent, vit to HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO, INC., 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 there are no disputed issues of fact. FINDINGS OF FACT 1. On November 1, 2002, Petitioner filed its Notice of Voluntary Dismissal. On November 15, 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. 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. (2002). Based on the foregoing, IT IS ADJUDGED THAT: East Pasco Medical Center, Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9489, which sought to establish a 20-bed comprehensive medical rehabilitation (*‘CMR”) unit at East Pasco’s acute care hospital in eastern Pasco County, AHCA District 5, is dismissed. DONE and ORDERED this aa day of De ceanhey”__, 2002, in Tallahassee, Florida. / / y Aseney M. Medows, MD, Secretary MA: gency 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 K. Boone, Esquire, Boone, Boone, Boone, Hines & Koda, P.A. 1001 Avenida Del Circo Post Office Box 1596 Venice, Florida 34284 (by U.S. Mail) Thomas F, Panza Esquire Panza, Maurer & Maynard, P.A. 3600 North Federal Highway NationsBank Building, Third Floor Ft. Lauderdale, FL 33308 (by U.S. Mail) David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 323099-1550 (by U.S. Mail) Michael O. Mathis, Esq. MS #3 (by Interoffice Mail) Jeffrey Gregg MS #28 (by Interoffice Mail) Wendy Adams (by Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this (¢ day of Ly mae Vina , 2002, to the above-named people. MM/mm ft @Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail! Stop #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EAST PASCO MEDICAL CENTER, INC., Petitioner, vs. Case No. 02-0434CON AGENCY FOR HEALTH CARE ADMINISTRATION, RECEIVED GENERAL COUNSEL NOV 6 2002 Agency for Health Care Administration Respondent, and HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO, INC., Intervenor. a a ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed on November 4, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for January 28 through 31, 2003, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EAST PASCO MEDICAL CENTER, INC., Petitioner, VS. AGENCY FOR HEALTH CARE : CASE No: 02-0434 CON ADMINISTRATION, CON No: 9489 Respondent. | Pp CORY EF D HEALTHSOUTH REHABILITATION GFreeat GCOLNSEL HOSPITAL OF LARGO, INC.. NOV 4 2002 Agency for Health Care Adminiswation Intervenor. NOTICE OF VOLUNTARY DISMISSAL YOU ARE NOTIFIED. that Petitioner, East Pasco Medical Center. Inc.. by and through its undersigned attorneys, hereby dismisses this action with prejudice pursuant to Rule 1.420 (a) () FRCP. CERTIFICATE OF SERVICE ] HEREBY CERTIFY that the original and one copy of the foregoing have been sent via U.S. Mail to the Honorable David M. Maloney, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building,1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. and a copy via U.S. Mail to Thomas F. Panza. Esquire and Deborah S. Platz. Esquire, Panza, Maurer & Maynard. P.A.. 3600 North Federal Highway, Third Floor, Fort Lauderdale. Florida 33308, and Christine T. Messana, Esquire, Senior Attorney. Agency for Health Care Administration, 2727 Mahan Drive, Building #3. Tallahassee, Florida 32308, by \ U.S. Mail this | an day of November, 2002. BOONE. BOONE, BOONE, HINES & KODA, P.A., ATTORNEYS AT LAW, VENICE, FLORIDA BOONE, BOONE. BOONE. HINES & KODA. P.A. By Stephen K. Boone Florida Bar Number 371068 1001 Avenida del Circo P.O. Box 1596 Venice, Florida 34284 Telephone: (941) 488-671 6 Attorneys for Petitioner, East Pasco Medical Center, Inc. Voldism A4-2002 2- BOONE, BOONE, BOONE, HINES & KODA, PA., ATTORNEYS AT LAW, VENICE, FLORIDA

Docket for Case No: 02-000434CON
Issue Date Proceedings
Dec. 06, 2002 Final Order filed.
Nov. 21, 2002 Notice of Substitution of Counsel and Request for Service (filed by M. Mathis).
Nov. 05, 2002 Order Closing File issued. CASE CLOSED.
Nov. 04, 2002 Notice of Voluntary Dismissal filed by Petitioner.
Oct. 31, 2002 Healthsouth Rehabilitation Hospital`s Motion to Compel Against East Pasco Medical Center filed.
Oct. 11, 2002 Healthsouth Rehabilitation Hospital of Largo, Inc.`s Third Request to East Pasco Medical Center, Inc. for Production of Documents (filed via facsimile).
Oct. 02, 2002 Notice of Appearance (filed by Respondent via facsimile).
Sep. 18, 2002 Healthsouth Rehabilitation Hospital of Largo, Inc.`s Second Request to East Pasco Medical Center, Inc. for Production of Documents (filed via facsimile).
Sep. 09, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 28 through 31, 2003; 9:00 a.m.; Tallahassee, FL).
Sep. 05, 2002 Motion for Continuance filed by Petitioner.
Aug. 15, 2002 Notice of Appearance (filed by Respondent via facsimile).
Jun. 11, 2002 Healthsouth Rehabilitation Hospital, Inc.`s First Set of Interrogatories Propounded to East Pasco Medical Center, Inc. filed.
Jun. 11, 2002 Healthsouth Rehabilitation Hospital of Largo, Inc.`s First Request to East Pasco Medical Center, Inc. for Production of Documents filed.
Jun. 11, 2002 Healthsouth Rehabilitation Hospital of Largo, Inc.`s Notice of Service of its First Set of Interrogatories to East Pasco Medical Center, Inc. filed.
Mar. 13, 2002 Order Granting Intervention issued (Healthsouth Rehabilitation Hospital of Largo, Inc.).
Mar. 01, 2002 Petition for Leave to Intervene (filed by Healthsouth Largo via facsimile).
Feb. 28, 2002 Order of Pre-hearing Instructions issued.
Feb. 28, 2002 Notice of Hearing issued (hearing set for October 1 through 4, 2002; 9:00 a.m.; Tallahassee, FL).
Feb. 21, 2002 Response to Initial Order filed by Petitioner.
Feb. 14, 2002 Petition for Leave to Intervene filed by Healthsouth-Largo.
Feb. 07, 2002 Initial Order issued.
Feb. 05, 2002 Petition for Formal Administrative Hearing filed.
Feb. 05, 2002 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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