Petitioner: SELECT SPECIALTY HOSPITAL - PALM BEACH, INC.
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 Tuesday, June 28, 2005.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION —
CON NOS. 9812 & 9813
KINDRED HOSPTIALS EAST, LLC,
' DOAH CASE NO. 05-0292CON
Petitioner,
AHCA NO. 2005000566 &
oA,
v a
&
Ss
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
and
SELECT SPECIALTY HOSPITAL ~
PALM BEACH, INC.,
Intervenor.
SELECT SPECIALTY HOSPITAL —
PALM BEACH, INC.,
DOAH CASE NO. 05-0311CON
Petitioner,
AHCA NO. 2005000142
Vv.
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
and
KINDRED HOSPITALS EAST, LLC,
FINALE ORDER ~
THIS CAUSE concerns a Petition for Formal Administrative Proceedings that the
Petitioner, Kindred Hospitals East, LLC (“Kindred”), filed on January 12, 2005, in DOAH Case
No. 05-0292CON; and a Petition for Formal Administrative Hearing that the Petitioner, Select
Specialty Hospital - Palm Beach (“Select — Palm Beach”), filed on January 4, 2005, in DOAH
Case No. 05-0311CON.
On January 25, 2005, both Petitions were subsequently forwarded to the Division of
Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge
(“ALJ”).
On June 24, 2005, Kindred and Select — Palm Beach filed a Joint Notice of Voluntary
Dismissal of their Petitions.
On June 28, 2005, the ALJ issued an Order Closing Files based on the Joint Notice of
Voluntary Dismissal.
IT IS THEREFORE ORDERED AND ADJUDGED THAT:
The Petitions filed by Kindred and Select - Palm Beach are dismissed, the Agency’s
denial of CON application nos. 9812 and 9813 are upheld, and these cases are now closed.
a
DONE and ORDERED this {| day of_JV ly , 2005, in Tallahassee,
Aone Secretary
AGENCY FOR HEALTH CARE ADMINISTRATION
Florida.
NOTICE OF RIGHT TO JUDICIAL REVIEW
NOTICE OF RIGHT 19 oe
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 4 2 day of
TN, 2005.
tA
RICHARD J. SHOOP, Agency Cler!
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 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
M. Christopher Bryant, Esquire
Oertel, Fernandez, Cole & Bryant, P.A.
301 South Bronough Street, Fifth Floor
Post Office Box 1110
Tallahassee, Florida 32302-1110
Wendy Adams
Facilities Intake
Elizabeth Dudek
Health Quality Assurance
Docket for Case No: 05-000311CON
Issue Date |
Proceedings |
Jul. 13, 2005 |
Final Order filed.
|
Jun. 28, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 24, 2005 |
Joint Notice of Voluntary Dismissal filed.
|
Feb. 10, 2005 |
Order of Pre-hearing Instructions.
|
Feb. 10, 2005 |
Notice of Hearing (hearing set for February 6 through 10, 2006; 9:00 a.m.; Tallahassee, FL).
|
Feb. 07, 2005 |
Joint Response to Initial Order filed.
|
Feb. 03, 2005 |
Order Granting Consolidation and Interventions (consolidated cases are: 05-0292CON and 05-0311CON).
|
Feb. 02, 2005 |
Notice of Lack of Objection to Intervention and Consolidation filed.
|
Jan. 26, 2005 |
Initial Order.
|
Jan. 25, 2005 |
Select Speciality Hospital - Palm Beach, Inc. Petition for Administrative Hearing filed.
|
Jan. 25, 2005 |
Notice (of Agency referral) filed.
|