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.
|