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HOPE OF SOUTHWEST FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-002013 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002013 Visitors: 13
Petitioner: HOPE OF SOUTHWEST FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 29, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 12, 2005.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HOPE OF SOUTHWEST FLORIDA, INC., DOAH CASE NO. 03-2013CON Petitioner, AHCA NO. 2003003168 Vv. RENDITION NO.: AHCA-05-0430-FOF-OLC STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and a HOSPICE OF NAPLES, INC., = “Ed Sonne Intervenor. D ~ / 2 U FINAL ORDER rm wv ca ow THIS CAUSE concerms a Petition for Formal Administrative Proceeding that the Petitioner filed on May 7, 2003; and a Petition to Intervene that the Intervenor filed on December 19, 2003. On May 29, 2003, the Petition for Formal Administrative Proceeding was forwarded to the Division of Administrative Hearings (‘DOAH”) by the Agency and assigned to an Administrative Law Judge (“ALJ”). On July 12, 2005, the ALJ issued an Order Closing File based on the Petitioner’s ore tenus voluntary dismissal of its Petition for Formal Administrative Proceeding. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings is dismissed, The Petition to Intervene is dismissed as moot; and this case is now closed. a DONE and ORDERED this LV? day of J ul 4 , 2005, in Tallahassee, Florida. D Denn ALAN LEVINE, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this S&— day of fbgast 5 2005. RICHARD J. SHOOP, Agency Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Wendy Adams Facilities Intake Elizabeth Dudek Health Quality Assurance STATE OF FLORIDA - a, AGENCY FOR HEALTH CARE ADMINISTRATION a VET QYoax oo HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, DOAH CASE NO. 03-2014CON AHCA NO. 2003003166 Vv. RENDITION NO.: AHCA-05-4 8} -FOF-OLC STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and = = 7 HOSPICE OF NAPLES, INC., “ ome Oo Intervenor. ) D FINAL ORDER a THIS CAUSE concerns a Petition for Formal Administrative Proceeding that the Petitioner filed on May 7, 2003; and a Petition to Intervene that the Intervenor filed on Decebmber 19, 2003. On May 29, 2003, the Petition for Formal Administrative Proceeding was forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge (“ALJ”). On January 4, 2005, the ALJ issued an Order Closing File based on the Petitioner’s ore tenus voluntary dismissal of its Petition for Formal Administrative Proceeding. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings is dismissed, The Petition to Intervene is dismissed as moot; and this case is now closed. r DONE and ORDERED this (al day of J Uv , 2005, in Tallahassee, Florida. t-. ALAN LEVINE, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this JS day of Absa 7005. RICHARD J. SHOOP, Agency Cle: Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, I Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Wendy Adams Facilities Intake Elizabeth Dudek Health Quality Assurance

Docket for Case No: 03-002013
Issue Date Proceedings
Aug. 24, 2005 Amended Final Order filed.
Aug. 08, 2005 Final Order filed.
Jul. 12, 2005 CASE STATUS: Hearing Held.
Jul. 12, 2005 Order Closing File. CASE CLOSED.
Jul. 08, 2005 Amended Notice of Hearing (hearing set for July 12 through 15, 18 through 22 and 26 through 29, 2005; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Jul. 05, 2005 Hope of Southwest Florida, Inc.`s Notice of Filing Errata Sheets filed.
Jul. 01, 2005 Witness List filed.
Jul. 01, 2005 Hope of Southwest Florida, Inc.`s Exhibit List filed.
Jul. 01, 2005 Joint Pre-Hearing Stipulation filed.
Jun. 15, 2005 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum of AHCA Witnesses filed.
May 02, 2005 Order Granting Extension of Time (Intervenor shall provide Petitioner the documents required by the Order on Motions to Compel dated April 6, 2005, no later than May 6, 2005).
Apr. 29, 2005 Unopposed Motion for Enlargement of Time filed.
Apr. 12, 2005 Notice of Hearing (hearing set for July 11 through 15, 18 through 22 and 26 through 29, 2005; 9:00 a.m.; Tallahassee, FL).
Apr. 11, 2005 Stipulated Joint Response to Order of Continuance and Motion to Reshcedule Hearings filed.
Apr. 06, 2005 Order on Motions to Compel (HSWF`s Motion to Compel is moot, Hope`s Motion to Compel is moot as to the "patient level data," the "summary program data," and the "minutes, notes and correspondence related to Hope`s application", granted in part as to the "chemotherapy and radiation therapy" documents, and no later than April 29, 2005, HSWF shall, after redacting patient names and other identifying information required by law, denied as to the "vista data").
Apr. 04, 2005 Order Granting Continuance (parties to advise status by April 11, 2005).
Mar. 23, 2005 Hope of Southwest Florida, Inc.`s Response in Opposition to Hospice of Southwest Florida, Inc.`s Motion to Compel Production of Documents filed.
Mar. 18, 2005 Notice of Taking Deposition Duces Tecum filed.
Mar. 17, 2005 Notice of Hearing (hearing set for April 1, 2005; at10:00 a.m.) filed by R. Newell.
Mar. 16, 2005 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum filed.
Mar. 16, 2005 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum AHCA Witnesses filed.
Mar. 14, 2005 Hospice of Southwest Florida, Inc.`s Motion to Compel Production of Documents by Hope of Southwest Florida, Inc. filed.
Mar. 14, 2005 Hospice of Southwest Florida, Inc.`s Supplemental Response to Hope of Southwest Florida, Inc.`s Motion to Compel filed.
Mar. 14, 2005 Amended Notice of Hearing (hearing set for April 11 through 15, 18 through 22 and 27 through 29, 2005; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Mar. 11, 2005 Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Motion to Compel filed.
Mar. 04, 2005 Hope of Southwest Florida, Inc.`s Motion to Compel Prodcution of Documents by Hospice of Southwest Florida, Inc. Responsive to Hope`s Second and Third Requests for Production filed.
Mar. 01, 2005 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum AHCA Witness filed.
Feb. 22, 2005 Order Denying Renewed Motion for Recusal.
Feb. 18, 2005 Affidavit in Support of Renewed Motion for Recusal filed.
Feb. 18, 2005 Hope of Southwest Florida, Inc.`s Renewed Motion for Recusal filed.
Feb. 08, 2005 Order Denying Motion for Recusal.
Feb. 04, 2005 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum filed.
Feb. 04, 2005 Hope of Southwest Florida, Inc.`s Notice of Rule 1.310(b)(1)(6), Fla. R. Civ.P. Deposition Duces Tecum of Hospice of Southwest Florida, Inc. filed.
Feb. 04, 2005 Hope of Southwest Florida, Inc.`s Motion for Recusal filed.
Feb. 04, 2005 Notice of Taking Depositions filed.
Jan. 10, 2005 Hope of Southwest Florida, Inc.`s Notice of Deposition filed.
Jan. 04, 2005 Order Striking Portions of Petition in DOAH Case No. 03-4066CON; Serving DOAH Case No. 03-4500CON; and Relinquishing Jurisdiction to the Agency Over CON 9694.
Dec. 30, 2004 Hope of Southwest Florida, Inc.`s Response in Opposition to Hospice of Southwest Florida, Inc.`s Motion to Dismiss (filed via facsimile).
Dec. 28, 2004 Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Second Request for Production filed.
Dec. 28, 2004 Hospice of Southwest Florida, Inc.`s Notice of Service of Answers to Hope of Southwest Florida, Inc.`s First Set of Interrogatories filed.
Dec. 28, 2004 Hope of Southwest Florida, Inc.`s Notice of Service of Answers and Objections to Hospice of Southwest Florida, Inc.`s First Interrogatories filed.
Dec. 28, 2004 Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Third Requests for Production filed.
Dec. 28, 2004 Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s Second Request for Production filed.
Dec. 28, 2004 Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Third Request for Production filed.
Dec. 13, 2004 Order Granting Extension of Time and Setting Hearing on Motion to Dismiss (Hope shall serve and file its response to HSWF`s Motion to Dismiss by facsimile transmisssion, electronic transmission, or hand delivery no later than 12:00p.m. on December 30, 2004).
Dec. 07, 2004 Order Setting Status Conference (status conference set for 12:00 p.m.; December 10, 2004; Tallahassee, Fl.).
Dec. 06, 2004 Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Motion for Extension of Time to File Response to Hospice of Southwest Florida, Inc.`s Motion to Dismiss; and Request for Status and Scheduling Conference filed.
Dec. 06, 2004 Hope of Southwest Florida, Inc.`s Motion for Extension of TIme to File Response to Hospice of Southwest Florida, Inc.`s Motion to Dismiss; and Request for Status and Scheduling Conference filed.
Nov. 30, 2004 Notice of Taking Deposition Duces Tecum filed.
Nov. 30, 2004 Hospice of Southwest Florida, Inc.`s Notice of Rule 1.310(b)(6), Fla. R. Civ. P. Deposition Duces Tecum of Hope of Southwest Florida, Inc. filed.
Nov. 23, 2004 Hospice of Southwest Florida, Inc.`s Motion to Dismiss filed.
Nov. 19, 2004 Hospice of Southwest Florida, Inc.`s Third Requests for Production of Documents to Hospice of Southwest Florida, Inc. filed.
Nov. 19, 2004 Notice of Service of Hospice of Southwest Florida, Inc.`s First Interrogatories to Hospice of Southwest Florida, Inc. filed.
Nov. 19, 2004 Hospice of Southwest Florida, Inc.`s Third Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
Nov. 18, 2004 Hospice of Southwest Florida, Inc.`s Second Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
Nov. 12, 2004 Hospice of Southwest Florida, Inc.`s Second Requests for Production of Documents to Hope of Southwest Florida, Inc. filed.
Nov. 12, 2004 Notice of Service of Hospice of Southwest Florida, Inc.`s First Set of Interrogatories to Hope of Southwest Florida, Inc. filed.
Oct. 18, 2004 Hope of Southwest Florida, Inc.`s Responses to Hospice of Southwest Florida, Inc.`s First Requests for Production (filed vial facsimile).
Oct. 18, 2004 Naples` Objections to Hope`s Depositions and Hope`s Response (filed in Case No. 03-4067CON) via facsimile.
Oct. 18, 2004 Hospice of Southwest Florida, Inc.`s Response to Hope of Southwest Florida, Inc.`s Second Request for Production of Documents to Hospice of Southwest Florida, Inc., (filed via facsimile).
Oct. 08, 2004 Order Approving Discovery Schedule.
Oct. 08, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 11 through 15, 18 through 22 and 25 through 29, 2005; 9:00 a.m.; Tallahassee, FL).
Sep. 24, 2004 Joint Response to Order Granting Enlargement of Time and Proposed Discovery Schedule filed by R. Newell.
Sep. 24, 2004 Joint Motion for Continuance filed by R. Newell.
Sep. 10, 2004 Order Granting Enlargement of Time (Hospice shall have until October 1, 2004, to serve response to Petitioner`s Second Request for Production of Documents; and parties` new proposed discovery schedule due September 24, 2004).
Aug. 26, 2004 Motion for Enlargement of Time for Discovery or in the Alternative for Protective Order filed by Hospice of Southwest Florida, Inc.
Aug. 17, 2004 Hospice of Southwest Florida, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Aug. 16, 2004 Hope of Southwest Florida, Inc.`s Second Request for Production of Documents to Hospice of Southwest Florida, Inc. (filed via facsimile).
Aug. 04, 2004 Hope of Southwest Florida, Inc.`s First Request for Production of Documents to Hospice of Southwest Florida, Inc.filed.
Jul. 28, 2004 Notice of Voluntary Dismissal filed by Petitioner.
Jul. 16, 2004 Notice of Appearance and Substitution of Counsel (filed by K. Gieseking, Esquire).
Jul. 14, 2004 Order Establishing Discovery Schedule.
Jul. 14, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 29 through December 3, 6 through 10 and 13 through 17, 2004; 9:00 a.m.; Tallahassee, FL).
Jul. 09, 2004 Hope of Southwest Florida, Inc.`s First Request for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
Jul. 08, 2004 Amended Notice of Telephonic Status Conference filed by R. Newell, Jr.
Jul. 08, 2004 Notice of Withdrawal filed by R. Saliba.
Jul. 08, 2004 Joint Motion for Continuance and Re-scheduling of Formal Administrative Hearing and to Establish Certain Discovery Deadlines (filed via facsimile).
Jul. 07, 2004 Notice of Telephonic Status Conference filed by R. Newell, Jr.
Jun. 25, 2004 Order Requiring Status Conference. (parties shall coordiante amongst themselves and with the undersigned secretary to schedule a telephone conference, preferably during the week of July 5-9 or July 12-16, 2004)
Jun. 21, 2004 Hospice of Southwest Florida, Inc.`s First Request for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
Jun. 21, 2004 Notice of Service of Hospice of Southwest Florida, Inc.`s First Set of Interrogatories to Heartland Hospice Services of Florida, Inc. filed.
May 11, 2004 Notice of Taking Deposition Duces Tecum (R. Hildebrant, S. Girvin, and Representative of Moore Stephens Lovelace, P.A.) filed.
Feb. 06, 2004 Amended Notice of Hearing (hearing set for October 25 through 29, November 1 through 5, 8 through 10 and November 12, 2004; 9:00 a.m.; Tallahassee, FL, amended as to addition of consolidated cases).
Jan. 07, 2004 Order. (Hospice of Southwest Florida, Inc.`s Petition to Intervene is granted).
Dec. 19, 2003 Hospice of Southwest Florida, Inc.`s Petition to Intervene filed.
Dec. 18, 2003 Order of Consolidation (Case 03-004500CON was added to the consolidated batch).
Dec. 10, 2003 Order of Consolidation (Case No. 03-002013 was added to the consolidated batch).
Nov. 20, 2003 Letter to Judge Hixson from R. Griffin regarding the date and time of the scheduling conference (filed via facsimile).
Sep. 08, 2003 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by December 8, 2003).
Sep. 05, 2003 Joint Motion for Continuance and to Place Case in Abeyance filed by J. Griffin.
Aug. 12, 2003 Response to Notice to Interested Persons filed by Petitioner.
Jul. 31, 2003 Order. (Respondent`s request is granted; and the Respondent is directed to notify any interested absent persons which the Respondent is aware of within 10 days, for purposes of allowing such persons the opportunity to be joined as a party of record)
Jun. 23, 2003 Order Denying Respondent`s Motion for Remand/Motion for Abeyance and Motion to Consolidate.
Jun. 23, 2003 Order of Pre-hearing Instructions.
Jun. 23, 2003 Notice of Hearing (hearing set for October 14 through 17, 2003; 9:00 a.m.; Tallahassee, FL).
Jun. 23, 2003 Respondent`s Request for Issuance of Notice to Interested Parties Pursuant to Rule 28-106.109 FAC (filed via facsimile).
Jun. 23, 2003 Notice of Clarification Regarding the Agency`s Motion for Abeyance Previously Filed in the Above Referenced Matter (filed by Respondent via facsimile).
Jun. 16, 2003 Response in Opposition to Respondent`s Motion for Remand/Motion for Abeyance Motion to Consolidate filed by Petitioner.
Jun. 09, 2003 Motion for Remand/Motion for Abeyance and Motion to Consolidate (of case nos. 03-2013, 03-2014) filed by Respondent.
Jun. 09, 2003 Joint Response to Initial Order filed.
Jun. 05, 2003 Notice of Appearance (filed by R. Saliba via facsimile).
May 30, 2003 Initial Order issued.
May 29, 2003 Notice of No Change to the Fixed Need Pool filed.
May 29, 2003 Letter of Intent for an Additional Hospice Program in AHCA Hospice Service 8A, HOPE of Southwest Florida, Inc. filed.
May 29, 2003 Notification of Error in Fixed Pool Publication - All Hospice Service Areas filed.
May 29, 2003 Petition for Formal Administrative Proceeding Hospice Service Area 8A Fixed Need Pool Challenge filed.
May 29, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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