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HEARTLAND HOSPICE SERVICES OF FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-004065CON (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004065CON Visitors: 5
Petitioner: HEARTLAND HOSPICE SERVICES OF FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Nov. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 18, 2004.

Latest Update: Jan. 05, 2025
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., mee fitkl TS Les Petitioner, Vv. DOAH CASE NO. 03-4065CON AHCA NO. 2003007374 CON 9696 r AGENCY FOR HEALTH CARE _ L bee : ADMINISTRATION pe im oa oo Respondent. / wot , 3 . . wad FINAL ORDER id THIS CAUSE concerns a Petition for Formal Administrative Proceedings that the Petitioner entered on September 25, 2003. On November 3, 2003, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On May 7, 2004, the Petitioner filed a Notice of Voluntary Dismissal dismissing its Petition due to the fact that it was withdrawing its certificate of need application. On May 18, 2004, the Administrative Law Judge assigned to the case issued an Order Severing Cases and Closing File based on the Petitioner’s Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings is dismissed. a DONE and ORDERED this 25 day of “2 4 , 2005, in Tallahassee, ALAN ‘fo Secretary AGENCY FOR HEALTH CARE ADMINISTRATION Florida. 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 w= day of “Cee. _, 2005. 3 =a RICHARD J. SHOOP, Agency‘Clerk 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 Alfred W. Clark, Esquire 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 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 Kenneth W. Gieseking, Esquire Senior Attorney Interoffice Mail Wendy Adams Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Interoffice Mail

Docket for Case No: 03-004065CON
Issue Date Proceedings
Jun. 08, 2005 Final Order filed.
May 18, 2004 Order Severing Cases and Closing File in DOAH Case No. 03-4065CON. CASE CLOSED.
May 17, 2004 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition in Lieu of Testimony at Final Hearing (V. Martino, A. Waggoner, T Chioccarelli, L. Seuff, D. Heldreth, C. Eytel, M.D., D. Morris, M.D., B. Nakfoor, M.D., M. Moskowitz, M.D., K. Anderson, R. Burris, J.Lampley, and L. Franke) filed via facsimile.
May 14, 2004 Hope of Southwest Florida, Inc.`s Notice of Taking Deposition Duces Tecum (M. Shaughnessy, B. Valenti, D. Nee, K. Chamberlain, A. Balcom, K. Smiley, J. Folan, C. Walter, L. Cuervas, T. Aviles, S. McMahon, C. D`Angello, D. Cox, K. Rollins, J. Kautsky, J, Perrine, D. Woods, M.D., M. Brodeur, P. Moore, R. Beiseigle, L. Mulder, G. Landolt, C. Kruger, and C. D`Angelo) filed via facsimile.
May 14, 2004 Corrected Notice of Service of Hope Southwest Florida, Inc.`s Second Interrogatories to Hospice of Naples, Inc. (filed by J. Griffin via facsimile).
May 13, 2004 Corrected Notice of Service of Hope Southwest Florida, Inc.`s First Interrogatories to Hospice of Naples (filed by J. Griffin via facsimile).
May 13, 2004 Letter to R. Newell from J. Griffin regarding the enclosed Corrected Notice of Service of Hope Southwest Florida, Inc.`s First Interrogatories to Hospice of Naples (filed via facsimile).
May 12, 2004 Notice of Service of Southwest Florida, Inc.`s First Interrogatories to Hospice of Naples, Inc. (filed via facsimile).
May 11, 2004 Hospice of Naples, Inc.`s Response to Hope of Southwest Florida, Inc.`s Second Request for Production filed.
May 11, 2004 Notice of Voluntary Dismissal filed by A. Clark in DOAH Case No. 03-4065).
May 10, 2004 Hope of Southwest Florida, Inc.`s Responses and Objections to Hospice of Naples, Inc.`s Second Request for Production of Documents (filed via facsimile).
May 07, 2004 Letter to J.R. Griffin from R. Newell, Jr. regarding documents to be provided pursuant to the Order on Hope`s Motion to Compel filed.
Apr. 29, 2004 Letter to J.R. Griffin from R. Newell, Jr. regarding documents to be provided for in camera inspection (1 box) filed.
Apr. 27, 2004 Notice of Taking Deposition Duces Tecum (R. Hildebrant, S. Gordon-Girvin, and Representative of Moore Stephens Lovelace, P.A.) filed.
Apr. 23, 2004 Letter to Judge Wetherell from R. Newell regarding release of documents to be copied filed.
Apr. 20, 2004 Order on Motion to Compel.
Apr. 14, 2004 Hospice of Naples, Inc.`s Supplemental Response to Hope of Southwest Florida, Inc.`s Motion to Compel Discovery filed.
Apr. 14, 2004 Hospice of Naples, Inc.`s Motion to Strike Hope of Southwest Florida, Inc.`s Amended Motion to Compel filed.
Apr. 12, 2004 Notice of Taking Deposition Duces Tecum (M. Curtis, R. Burris, L. Franke, H. Chester, S. Hichens, J.Shera, T. Chioccarelli, P. Burt, K. Washburn, S. Beckwith, D.Dosoretz, M. McCleod, M. Rubin, B. Walker, Business Manager for Florida Cancer Specialists, and J. Cushman) filed.
Apr. 05, 2004 Hope of Southwest Florida, Inc.`s Amended Motion to Compel Discovery Against Hospice of Naples, Inc. filed.
Apr. 05, 2004 Hope of Southwest Florida, Inc.`s Second Request for Production of Documents to Hospice of Naples, Inc. filed.
Apr. 05, 2004 Hospice of Naples, Inc.`s First Request for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
Mar. 30, 2004 Hospice of Naples, Inc.`s Notice of Rule 1.310(b)(6), Fla. R. Civ. P. Deposition Duces Tecum of Hope of Southwest Florida, Inc. filed.
Mar. 30, 2004 Hospice of Naples, Inc.`s Response to Hope`s Motion to Compel Discovery filed.
Mar. 29, 2004 Notice of Evidentiary Hearing (filed by J. Griffin via facsimile).
Mar. 29, 2004 Hope of Southwest Florida, Inc.`s Amended Notice of Rule 1.310(b)(6), Fla. R. Civ. P. Deposition Duces Tecum of Hospice of Naples, Inc. filed.
Mar. 24, 2004 Hospice of Naples, Inc.`s Motion for Enlargement of Time to Respond to Hope`s Motion to Compel filed.
Mar. 24, 2004 Hospice of Naples, Inc.`s Second Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Mar. 23, 2004 Hope of Southwest Florida, Inc.`s Notice of Rule 1.310(b)(6), Fla. R. Civ. P. Deposition Duces Tecum of Hospice of Naples, Inc. filed.
Mar. 23, 2004 Letter to R. Newell from J. Griffin regarding the Notice of Deposition of Hospice of Naples, Inc. filed.
Mar. 23, 2004 Hope of Southwest Florida, Inc.`s First Requests for Production of Documents to Heartland Hospice Services of Florida, Inc. filed.
Mar. 16, 2004 Hope of Southwest Florida, Inc.`s Motion to Compel Discovery Against Hospice of Naples, Inc. filed.
Feb. 19, 2004 Hospice of Naples, Inc.`s Response to Hope of Southwest Florida, Inc.`s Request for Production filed.
Feb. 09, 2004 Hope of Southwest Florida, Inc.`s Responses and Objections to Hospice of Naples, Inc.`s First Request for Production of Documents filed.
Feb. 06, 2004 Amended Notice of Hearing (hearing set for June 28 through July 2, 6 through 9 and 12 through 16, 2004; 9:00 a.m.; Tallahassee, FL, amended as to addition of consolidated cases).
Jan. 07, 2004 Order. (Hospice of Naples, Inc.`s Petition to Intervene is granted, subject to proof of standing at hearing).
Dec. 23, 2003 Hospice of Naples, Inc.`s Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Dec. 19, 2003 Order Consolidating Cases: (03-002014, 03-4065CON, 03-4067CON) were added to the consolidated batch.
Dec. 18, 2003 Letter to Judge Hixson from R. Newell regarding an order of consolidation filed.
Dec. 17, 2003 Hope of Southwest Florida, Inc.`s First Request for Production of Documents to Hospice of Naples, Inc. filed.
Dec. 04, 2003 Order. (Hospice of Naples, Inc.`s Petition to Intervene is granted, subject to proof of standing at hearing).
Nov. 26, 2003 Order of Pre-hearing Instructions.
Nov. 26, 2003 Notice of Hearing (hearing set for June 28 through July 2, 5 through 9 and 12 through 16, 2004; 9:00 a.m.; Tallahassee, FL).
Nov. 20, 2003 Letter to Judge Hixson from R. Griffin regarding the date and time of the scheduling conference (filed via facsimile).
Nov. 17, 2003 Order Consolidating Cases. (consolidated cases are: 03-004065CON, 03-004067CON)
Nov. 13, 2003 Agreed Motion to Consolidate (Cases requested 03-4065 and 03-4067) filed by Petitioner.
Nov. 13, 2003 Request for Extension of Time in which to Respond to Initial Order filed by Petitioner.
Nov. 06, 2003 Hospice of Naples, Inc.`s Petition to Intervene filed.
Nov. 04, 2003 Initial Order.
Nov. 03, 2003 Notice of Intent to Deny Certificate of Need Number 9695 and 9696 to Establish a New Hospice Program filed.
Nov. 03, 2003 Petition for Formal Administrative Proceeding filed.
Nov. 03, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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