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SELECT SPECIALTY HOSPITAL - ESCAMBIA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 04-000455CON (2004)

Court: Division of Administrative Hearings, Florida Number: 04-000455CON Visitors: 5
Petitioner: SELECT SPECIALTY HOSPITAL - ESCAMBIA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Feb. 09, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 3, 2005.

Latest Update: Oct. 03, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CON NOS. 9701 and 9746 my 4S SELECT SPECIALTY HOSPITAL — ESCAMBIA, INC., Petitioner, DOAH CASE NOS. 04-0455CON 04-3148CON Vv. AHCA NOS. 2004000498 STATE OF FLORIDA, AGENCY FOR 2004006610_, HEALTH CARE ADMINISTRATION, B .o™ Respondent. 5 - fo 2] i" / ai) Ug a. FINAL ORDER > THIS CAUSE concerns a Petition for Formal Administrative Hearing that the Petitioner filed on January 14, 2004 (04-0455CON); and a Petition for Formal Administrative Hearing that the Petitioner filed on August 24, 2004 (04-3148CON). Both Petitions were subsequently forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge (“ALJ”). On March 1, 2005, the Petitioner made an ore tenus withdrawal of its Petitions for Administrative Hearing and Certificate of Need (“CON”) applications in the above-referenced cases. On March 3, 2005, the ALJ issued an Order Closing Files based on the Petitioner’s ore tenus withdrawal of its Petitions for Administrative Hearing and CON applications in the above- referenced cases. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions for Formal Administrative Proceeding are dismissed, Petitioner’s withdrawal of its CON application nos. 9701 and 9746 is acknowledged, and these cases are now closed. DONE and ORDERED this Zo day of Tuw & , 2005, in Tallahassee, Florida. 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 ca furnished by U.S. or interoffice mail to the persons named below on this ZEB RICHARD J. SHOOP, Agency me Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 ay of TE __, 2005. 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 Mark A. Emanuele, Esquire Panza, Mauer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality

Docket for Case No: 04-000455CON
Issue Date Proceedings
Jun. 28, 2005 Final Order filed.
Mar. 03, 2005 Order Closing Files. CASE CLOSED.
Mar. 01, 2005 CASE STATUS: Hearing Held.
Feb. 25, 2005 Joint Pre-hearing Stipulation of Select Specialty Hospital-Escambia, Inc. and Agency for Health Care Administration filed.
Feb. 25, 2005 Notice of Serving Response to Select Specialty Hospital-Escambia`s Request for Admissions (filed by Respondent).
Feb. 25, 2005 Notice of Serving Answers to Select Specialty Hospital-Escambia`s First Set of Interrogatories (filed by Respondent).
Feb. 21, 2005 Motion for Extension of Time to File Response to Petitioner`s Discovery (filed by Respondent).
Feb. 18, 2005 Petitioner, Select-Escambia`s Third Request for Judicial Notice filed.
Feb. 16, 2005 Petitioner, Select-Escambia`s Second Request for Judicial Notice filed.
Feb. 16, 2005 Petitioner, Select-Escambia`s Request for Judicial Notice filed.
Feb. 09, 2005 Amended Notice of Taking Deposition Duces Tecum (as to day) filed.
Feb. 08, 2005 Order on Motion to Shorten Time to Respond to Discovery (the Agency shall serve its complete response to Petitioner`s discovery requests on or before February 21, 2005; parties shall file their pre-hearing stipulation on or before 3:00 p.m. on February 28, 2005).
Feb. 04, 2005 Notice of Telephonic Hearing filed.
Feb. 03, 2005 The Agency for Health Care Administration`s Objection to Petitioner`s Motion to Shorten Time for Discovery filed.
Feb. 03, 2005 Order Consolidating Cases (consolidated cases are: 04-0455, 04-3148CON, and 05-0319CON).
Feb. 02, 2005 Petitioner Select Specialty Hospital-Escambia, Inc.`s Response to Order to Show Cause filed.
Feb. 02, 2005 Petitioner Select Specialty Hospital-Escambia, Inc.`s Motion to Shorten Time to Respond to Discovery filed.
Feb. 02, 2005 Petitioner Select Specialty Hospital-Escambia, Inc.`s Response to Order to Show Cause filed.
Feb. 02, 2005 Amended Select Specialty Hospital-Escambia, Inc.`s Motion to Consolidate Cases filed.
Feb. 02, 2005 Select Specialty Hospital-Escambia, Inc.`s Motion to Consolidate Cases filed.
Jan. 20, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 1 through 4, 2005; 9:00 a.m.; Tallahassee, FL).
Jan. 19, 2005 Select Specialty Hospital-Escambia, Inc.`s Motion to Reset Final Hearing filed.
Dec. 01, 2004 Notice of Voluntary Dismissal filed.
Nov. 12, 2004 Sempercare`s Request for Scheduling Conference (filed via facsimile).
Nov. 10, 2004 Notice of Service of Sempercare Hospital of Pensacola, Inc.`s Responses and Objections to Select Specialty Hospital-Escambia, Inc.`s First Set of Interrogatories (filed via facsimile).
Nov. 08, 2004 Sempercare Hospital, Inc.`s First Request for Production of Documents to Select Specialty Hospital-Escambia, Inc. (filed via facsimile).
Nov. 08, 2004 Notice of Service of Sempercare Hospital of Pensacola, Inc.`s First Set of Interrogatories to Select Specialty Hospital-Escambia, Inc. (filed via facsimile).
Oct. 29, 2004 Order Establishing Discovery Schedule.
Oct. 27, 2004 Sempercare`s Motion for Extension of Time to Respond to Discovery (filed via facsimile).
Oct. 21, 2004 Amended Notice of Telephonic Hearing (set for October 28, 2004; at 4:00 p.m.) filed by M. Emanuele via facsimile.
Oct. 21, 2004 Notice of Telephonic Hearing (set for October 28, 2004; at 4:00 p.m.) filed by M. Emanuele via facsimile.
Oct. 18, 2004 Sempercare`s Response to Select`s Motion to Amend Pretrial Order (filed via facsimile).
Oct. 18, 2004 Sempercare`s Response to Select`s Motion to Compel (filed via facsimile)
Oct. 13, 2004 Select Special Hospital-Escambia, Inc.`s Motion to Amend the Pretrial Order (filed via facsimile).
Aug. 30, 2004 Amended Notice of Hearing (hearing set for January 24 through 28 and January 31 through February 4, 2005; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
Aug. 19, 2004 Order Taking Official Recognition of Federal Rule (not from document attached to the Request, but rather from pages of the Federal Register identified in this Order).
Aug. 13, 2004 Response to Select`s Request for Judicial Notice (filed by J. Rue via facsimile).
Aug. 09, 2004 Petitioner Select`s Request for Judicial Notice filed.
Jul. 29, 2004 Select-Escambia`s Response to Agency for Health Care Administration`s Motion for Protective Order (filed via facsimile).
Jul. 27, 2004 Order on Motion for Protective Order.
Jul. 16, 2004 Notice of Appearance and Substitution of Counsel (filed by K. Gieseking, Esquire).
Jul. 16, 2004 Order (Petitioner`s Second Motion to Compel denied, Respondent`s Motion to Strike denied, and Respondent`s Motion to Amend denied without prejudice).
Jul. 13, 2004 Select-Escambia`s Response to the Agency`s Motion to Strike Select-Escambia`s Second Motion to Compel Better Answers to its First Request for Admissions, or in the Alternative Motion to Strike (filed via facsimile).
Jul. 09, 2004 Notice of Withdrawal filed by R. Saliba.
Jul. 06, 2004 Notice of Hearing (hearing set for January 18 through 21 and 25 through 28, 2005; 9:00 a.m.; Tallahassee, FL).
Jul. 06, 2004 Motion for Protective Order Objection to First Request to Produce and as to Propounded Interrogatories filed by Select Specialty Hospital (filed by Respondent via facsimile).
Jul. 06, 2004 Select Special Hospital-Escambia, Inc.`s Proposed Hearing Dates (filed via facsimile).
Jul. 02, 2004 Motion to Strike Second Motion to Compel Better Answers Reply to Second Motion to Compel Better Answers Motion to Amend Answers so as to Deny Requests for Admissions as a Result of Newly Disclosed Statements of the Petitioner (filed by Respondent via facsimile).
Jul. 02, 2004 Select Speciality Hospital-Escambia, Inc.`s Second Motion to Compel A Better Response to its First Request for Admissions (filed via facsimile).
Jun. 22, 2004 Order Granting Continuance (hearing scheculed for September 7-10 and 13-17, 2004, is cancelled, parties to advise status by July 2, 2004).
Jun. 17, 2004 Notice of Telephone Hearing (filed by SemperCare, Pensacola via facsimile).
Jun. 16, 2004 Sempercare Hospital of Pensacola, Inc.`s Reply in Support of its Motion for Continuance and Abeyance (filed via facsimile).
Jun. 14, 2004 Select Specialty Hospital-Escambiam Inc.`s Response to Sempercare Hospital of Pensacola, Inc.`s Motion for Continuance and Abeyance (filed via facsimile).
Jun. 10, 2004 Select Specialty Hospital-Escambia, Inc.`s Notice of Service of First Set of Interrogatories to the Agency for Health Care Administration (filed via facsimile).
Jun. 10, 2004 Select Specialty Hospital-Escambia, Inc.`s Notice of Service of First Request for Production of Documents to the Agency for Health Care Administration (filed via facsimile).
Jun. 10, 2004 Agency Reply to Sempercare Hospital of Pensacola, Inc.`s Motion for Continuance and Abeyance (filed via facsimile).
Jun. 09, 2004 Reply to Requests for Admissions Pursuant to Court Order of June 2, 2004, Directing the Agency to Either Admit or Deny (filed by R. Saliba via facsimile).
Jun. 07, 2004 Order (The Agency`s Reply to Request for Admissions is stricken from the record and the Agency shall re-file and re-serve the document in the correct cases).
Jun. 07, 2004 Order Granting Motion to Compel (The Agency`s objections to Request Nos. 3-14 and 16-29, are overruled and the Agency shall serve a response that either admits or denies those requests within 10 days of the date of this Order).
Jun. 04, 2004 Sempercare Hospital of Pensacola, Inc.`s Motion for Continuance and Abeyance (filed via facsimile).
Jun. 04, 2004 Reply to Requests for Admissions Pursuant to Court Order of June 2, 2004, Directing the Agency to Either Admit or Deny (filed by R. Saliba via facsimile).
Jun. 04, 2004 Agency Reply to Motion to Compel Better Answers (filed via facsimile)
May 28, 2004 Select Specialty Hospital-Escambia, Inc.`s Motion to Compel a Better Response to Select Specialty Hospital-Escambia, Inc.`s First Request for Admissions (filed via facsimile).
May 11, 2004 Objections and Reply to First Request for Admissions filed by Select Specialty Hospital Escamiba, Inc. filed by Respondent.
May 05, 2004 Select Specialty Hospital-Escambia, Inc.`s Notice of Service of First Request for Production of Documents to Sempercare Hospital of Pensacola, Inc. (filed via facsimile).
May 05, 2004 Select Specialty Hospital-Escambia, Inc.`s Notice of Service of First Set of Interrogatories to Sempercare Hospital of Pensacola, Inc. (filed via facsimile).
May 05, 2004 Select Speciality Hospital-Escambia, Inc.`s First Request for Admissions to the Agency for Health Care Administration (filed via facsimile).
Feb. 25, 2004 Order Granting Petition to Intervene (to Select Specialty Hospital - Escambia, Inc.).
Feb. 25, 2004 Order Consolidating Cases. (consolidated cases are: 04-000455CON, 04-000462CON)
Feb. 24, 2004 Order of Pre-hearing Instructions.
Feb. 24, 2004 Notice of Hearing (hearing set for September 7 through 10 and 13 through 17, 2004; 9:00 a.m.; Tallahassee, FL).
Feb. 20, 2004 Joint Response to Initial Order (filed by Respondent via facsimile).
Feb. 20, 2004 Response to Initial Order (filed by Petitioner via facsimile).
Feb. 10, 2004 Initial Order.
Feb. 09, 2004 Florida Administrative Weekly Publicaiton, Certificate of Need Decisions on Batched Applications filed.
Feb. 09, 2004 Select Specialty Hospital-Escambia, Inc. Petition for Administrative Hearing filed.
Feb. 09, 2004 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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