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UNIVERSITY COMMUNITY HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 05-000294CON (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000294CON Visitors: 2
Petitioner: UNIVERSITY COMMUNITY HOSPITAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 25, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 7, 2006.

Latest Update: Oct. 06, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION UNIVERSITY COMMUNITY HOSPITAL, INC., Petitioner, DOAH No. 05-0294 AHCA No. 2005000297 vs. CON No. 9804 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings. Petitioner, University Community Hospital, Inc. (“UCH”), filed a Petition on or about January 25, 2005, and the case was referred to DOAH. On February 1, 2005, UCH filed a Motion to Consolidate with Case No. 05-0295 CON No. 9803 (BayCare), which was granted by the ALJ on February 2, 2005. On February 23, 2005, Kindred Hospitals East, LLC, d/b/a Kindred Hospital Bay Area-St. Petersburg filed a Petition to Intervene in support of AHCA’s denial of BayCare’s Certificate of Need application 9803. On March 1, 2005, HealthSouth of Largo Limited Partnership filed an Unopposed Petition to Intervene in support of AHCA’s denial of BayCare’s application for Certificate of Need 9803. On March 10, 2005 an Order granting Petitions to Intervene was entered by the ALJ. These Petitions are related to the Agency’s denial of Certificate of Need Application 9803. On or about June 7, 2006, UCH withdrew its Certificate of Need application 9804 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH. Accordingly, on June 7, 2006, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings pending before the Agency is hereby moot, and this case is closed. The Agency’s denial of Certificate of Need Application 9804 is upheld. _ DONE and ORDERED this Oday of. Juba , 2006, in Tallahassee, Florida. Ak. Leer x 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 Lp day of, Ale. , 2006. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSotoa Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert A. Weiss, Esq. Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 102-A Tallahassee, Florida 32312-1762 Patricia A. Renovitch, Esq. Oertel, Hoffman, Fernandez, & Cole, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, Florida 32302-1110 Geoffrey D. Smith, Esq. Smith & Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Warren Husband, Esq. Metz, Hauser & Husband, P.A. 215 South Monroe Street Post Office Box 10909 Tallahassee, Florida 32302-2909 J. Robert Griffin, Esq. J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1726 Sandra E. Allen, Senior Attorney Agency for Health Care Administration Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail Janice Mills Facilities Intake Interoffice Mail

Docket for Case No: 05-000294CON
Issue Date Proceedings
Jul. 10, 2006 Final Order filed.
Jun. 07, 2006 Notice of Voluntary Dismissal filed by Petitioner.
Jun. 07, 2006 Order Closing File. CASE CLOSED.
Jun. 07, 2006 Notice of Voluntary Dismissal filed.
May 01, 2006 Notice of Substitution of Counsel and Request for Service (filed by S. Allen).
Apr. 07, 2006 Order Continuing Case in Abeyance (parties to advise status by June 7, 2006).
Apr. 05, 2006 Joint Status Report filed.
Feb. 08, 2006 Notice of Substitution of Counsel (filed by G. Smith).
Jan. 10, 2006 Order Continuing Case in Abeyance (parties to advise status by April 7, 2006).
Jan. 09, 2006 Joint Status Report filed.
Nov. 07, 2005 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by January 9, 2006).
Oct. 25, 2005 Motion to Continue Final Hearing filed by Patricia Renovitch.
Aug. 16, 2005 Notice of Appearance and Substitution of Counsel (filed by T. Elliott).
Mar. 10, 2005 Order Granting Interventions (Kindred Hospitals East, LLC, d/b/a Kindred Hospital Bay Area-St. Petersburg and Healthsouth of Largo Limited Partnership, d/b/a Healthsouth Rehabilitation Hospital of Largo).
Mar. 01, 2005 Healthsouth of Largo Limited Partnership`s Unopposed Petition to Intervene in Support of AHCA`s Denial of Baycare Long Term Acute Care, Inc`s Application for CON 9803 filed.
Feb. 23, 2005 Kindred`s Petition for Leave to Intervene in Support of Agency`s Denial of Baycare Application filed.
Feb. 07, 2005 Response to Initial Order (filed by Petitioner in DOAH Case No. 05-0295CON).
Feb. 02, 2005 Order Granting Consolidation (consolidated cases are: 05-0294CON and 05-0295CON).
Feb. 02, 2005 Order of Pre-hearing Instructions.
Feb. 02, 2005 Notice of Hearing (hearing set for November 28 through December 2 and 5 through 9, 2005; 9:00 a.m.; Tallahassee, FL).
Feb. 01, 2005 Motion to Consolidate (Cases requested 05-0294CON and 05-0295CON) filed.
Feb. 01, 2005 Petitioner`s Response to Initial Order filed.
Jan. 28, 2005 Notice of Appearance (filed by G .Smith, Esquire).
Jan. 26, 2005 Initial Order.
Jan. 25, 2005 UCH`S Petition for Formal Administrative Hearing filed.
Jan. 25, 2005 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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