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SELECT SPECIALTY HOSPITAL-LAKE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 06-000577CON (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000577CON Visitors: 24
Petitioner: SELECT SPECIALTY HOSPITAL-LAKE, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Feb. 13, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 14, 2006.

Latest Update: Dec. 25, 2024
FILED STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK 1008 FEB-1 D4: 5y SELECT SPECIALTY HOSPITAL - LAKE, INC,, Petitioner, DOAH Case No. 06-0577CON AHCA No. 2006000733 vs. CON No. 9871 AGENCY FOR HEALTH CARE ~— ADMINISTRATION, “8 Respondent. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9871, filed by SELECT SPECIALTY HOSPITAL - LAKE, INC. (hereinafter "Select - Lake") in the Second Batching Cycle of 2005, requesting a CON to establish a 44-bed long-term acute care hospital, which application was denied. Thereafter, Select - Lake timely filed at the Division of Administrative Hearings ("DOAH") a Petition for Administrative Hearing with respect to the denial. On November 13, 2006, Select - Lake filed its voluntary dismissal of the DOAH case. On November 14, 2006, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Select - Lake and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9871 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 30% day of Sanetey , 2008, in Tallahassee, Florida. ANDREW C. AGWUNOBI, M.D., 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 “> day of eral >, 2008. RICHARD J. SHOOP, Agency. | Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mark A. Emanuele, Esquire Michael. H. Nullman, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys for Select Specialty Hospital - Lake, Inc. F. Philip Blank, Esquire Blank & Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Attorney for Promise Healthcare of Florida III, Inc. Sandra E. Allen, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 06-000577CON
Issue Date Proceedings
Feb. 04, 2008 Final Order filed.
Nov. 14, 2006 Order Closing File. CASE CLOSED.
Nov. 13, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Notice of Voluntary Dismissal filed.
Nov. 13, 2006 Order Granting Extension of Time (response to Promise Healthcare of Florida III, Inc.`s First Request for Production of Documents to be filed by November 13, 2006).
Nov. 08, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Motion for a Five-day Enlargement of Time to File Response to Promise Healthcare of Florida III, Inc.`s First Request for Production of Documents filed.
Nov. 07, 2006 Notice of Taking Deposition Duces Tecum (Kindred Hospitals-Ocala) filed.
Nov. 06, 2006 Promise Healthcare of Florida III, Inc.`s Amended Notice of Continuation of Deposition Duces Tecum filed.
Nov. 06, 2006 Re-notice of Taking Telephonic Deposition Duces Tecum (P. Baronoff) filed.
Nov. 06, 2006 Second Re-notice of Taking Telephonic Deposition Duces Tecum (R. Campton) filed.
Nov. 06, 2006 Second Re-notice of Taking Telephonic Deposition Duces Tecum (M. Kornblatt) filed.
Nov. 06, 2006 Notice of Cancellation of Depositions filed.
Nov. 03, 2006 Promise Healthcare of Florida III, Inc.`s Notice of Continuation of Deposition Duces Tecum filed.
Nov. 03, 2006 Promise Healthcare of Florida III, Inc.`s Second Amended Notice of Taking Depositions Duces Tecum filed.
Nov. 03, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 8 through 12 and 16 through 19, 2007; 9:00 a.m.; Tallahassee, FL).
Nov. 03, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Motion for a Continuance of Final Hearing filed.
Nov. 02, 2006 Promise Healthcare of Florida III, Inc.`s Motion for Entry of an Amended Order of Pre-hearing Instructions and Notice of Establishing New Hearing Dates filed.
Nov. 02, 2006 Notice of Telephonic Case Management Conference filed.
Oct. 30, 2006 Order (agreed confidentiality order filed on October 24, 2006, is adopted and incorporated herein and will apply to Promise and Select).
Oct. 30, 2006 Re-notice of Taking Telephonic Deposition Duces Tecum (R. Campton) filed.
Oct. 30, 2006 Re-notice of Taking Telephonic Deposition Duces Tecum (M. Kornblatt) filed.
Oct. 30, 2006 Notice of Taking Telephonic Deposition Duces Tecum (P. Baronoff) filed.
Oct. 27, 2006 Notice of Telephonic Case Management Conference filed.
Oct. 27, 2006 Joint Motion for Case Management Conference filed.
Oct. 26, 2006 Notice of Taking Telephonic Deposition Duces Tecum filed.
Oct. 26, 2006 Notice of Taking Deposition filed.
Oct. 24, 2006 Promise Healthcare of Florida III, Inc.`s Second Amended Notice of Taking Deposition Duces Tecum (P. Greenberg) filed.
Oct. 24, 2006 Promise Healthcare of Florida III, Inc.`s Second Amended Notice of Taking Deposition Duces Tecum (M. Medlin) filed.
Oct. 24, 2006 Notice of Taking Telephonic Deposition Duces Tecum (L. Leder) filed.
Oct. 24, 2006 Notice of Taking Telephonic Deposition Duces Tecum (M. Kornblatt) filed.
Oct. 24, 2006 Notice of Taking Telephonic Deposition Duces Tecum (R. Campton) filed.
Oct. 24, 2006 Notice of Taking Telephonic Deposition Duces Tecum (A. Balsano) filed.
Oct. 24, 2006 Notice of Taking Telephonic Deposition Duces Tecum (H. Koslow) filed.
Oct. 24, 2006 (Proposed) Agreed Confidentiality Order filed.
Oct. 24, 2006 Select Specialty Hospital-Lake, Inc.`s Motion for Entry of Confidentiality Order filed.
Oct. 23, 2006 Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s Third Request for Production of Documents filed.
Oct. 20, 2006 Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s Fourth Request for Production of Documents filed.
Oct. 19, 2006 Promise Healthcare of Florida III, Inc.`s Amended Notice of Taking Deposition Duces Tecum (M. Medlin and G. Sassman) filed.
Oct. 19, 2006 Promise Healthcare of Florida III, Inc.`s Amended Notice of Taking Deposition Duces Tecum (P. Greenberg) filed.
Oct. 17, 2006 Notice of Taking Rule 1.310(b)(6) Deposition filed.
Oct. 17, 2006 Promise Healthcare of Florida III, Inc.`s Notice of Taking Deposition Duces Tecum filed.
Oct. 17, 2006 Notice of Service of Promise Healthcare of Florida III, Inc.`s Amended Answers to Nos. 1, 3, 6 and 7 of Select-Lake`s First Set of Interrogatories filed.
Oct. 12, 2006 Order (Select`s amended motion is granted in part and Promise shall respond to Select`s Fourth Request for Production of Documents on or before October 20, 2006).
Oct. 12, 2006 Notice of Cancellation of Deposition filed.
Oct. 11, 2006 Select Specialty Hospital-Lake, Inc.`s Reply to Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s Motion to Shorten Time filed.
Oct. 10, 2006 Notice of Taking Deposition Duces Tecum filed.
Oct. 09, 2006 Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s First Request for Production of Documents filed.
Oct. 09, 2006 Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s Motion to Shorten Time for Response to its Fourth Request for Production of Documents filed.
Oct. 09, 2006 Letter to Judge Stampelos from M. Victorian enclosing cases cited filed.
Oct. 09, 2006 Promise Healthcare of Florida III, Inc.`s First Request for Production of Documents to Select Specialty Hospital-Lake, Inc. filed.
Oct. 09, 2006 Promise Healthcare of Florida III, Inc.`s Response to Select Specialty Hospital-Lake, Inc.`s Second Request for Production of Documents filed.
Oct. 06, 2006 AHCA`s Response to Select`s Second Request for Admissions filed.
Oct. 06, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Amended Motion to Shorten Time to Respond to Select Specialty Hospital-Lake, Inc.`s Fourth Request for Production of Documents to Promise Healthcare of Florida III, Inc. (as to Florida Administrative Code, Rule 28-106.204(3) only) filed.
Oct. 04, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Motion to Shorten Time to Respond to Select Specialty Hospital-Lake, Inc.`s Fourth Request for Production of Documents to Promise Healthcare of Florida III, Inc. filed.
Oct. 04, 2006 Select Specialty Hospital-Lake, Inc. Notice of Service of Fourth Request for Production of Documents to Promise Healthcare of Florida III, Inc. filed.
Sep. 29, 2006 Notice of Service of Promise Healthcare of Florida III, Inc.`s Answers and Objections to Select Specialty Hospital-Lake, Inc.`s First Set of Interrogatories filed.
Sep. 28, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of Third Request for Production of Documents to Promise Healthcare of Florida III Inc. filed.
Sep. 28, 2006 Select Specialty Hospital-Lake, Inc.`s Third Request for Production of Documents to Promise Healthcare of Florida III Inc. filed.
Sep. 21, 2006 Order (in the future, all parties shall comply with Florida Administrative Code Rule 28-106.204(3).
Sep. 20, 2006 Notice of Change of Firm Name filed.
Sep. 20, 2006 (Proposed) Agreed Order on Select Specialty Hospital-Lake, Inc.`s Motion for Leave to Propound Additional Admissions filed.
Sep. 19, 2006 Leesburg Regional Medical Center, Inc.`s Notice of Voluntary Dismissal filed.
Sep. 12, 2006 Motion for Leave to Propound Admissions in Excess of those Authorized by Rule 1.370 filed.
Sep. 06, 2006 Amended Notice of Hearing (hearing set for November 13 through 16, 20, 21, 27, November 28, 5, and 6, 2006; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Jun. 21, 2006 AHCA`s Response to Select Specialty Hospital-Lake, Inc.`s First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 14, 2006 AHCA`s Response to Select Specialty Hospital-Lake, Inc`s First Request for Admissions to the Agency for Health Care Administration filed.
Jun. 13, 2006 AHCA`s Answers to Select Specialty Hospital-Lake, Inc.`s First Set of Interrogatories to the Agency for Health Care Administration filed.
Jun. 13, 2006 AHCA`s Notice of Service of Answers to Petitioner`s First Set of Interrogatories filed.
May 30, 2006 Notice of Taking Deposition filed.
May 18, 2006 Leesburg Regional Medical Center, Inc.`s Responses to Select Specialty Hospital-Lake, Inc.`s First Interrogatories filed.
May 18, 2006 Leesburg Regional Medical Center, Inc.`s Notice of Service of Responses to Select Specialty Hospital-Lake, Inc.`s First Interrogatories filed.
May 18, 2006 Leesburg Regional Medical Center, Inc.`s Responses to Select Specialty Hospital-Lake, Inc.`s First Request for Production filed.
May 03, 2006 Notice of Appearance and Substitution of Counsel (filed by S. Allen).
Apr. 24, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of Second Request for Production of Documents to Promise Healthcare of Florida III, Inc. filed.
Apr. 07, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of First Request for Production of Documents to Promise Healthcare of Florida III, Inc. filed.
Apr. 04, 2006 Order (Select`s motion denied).
Apr. 03, 2006 Leesburg Regional Medical Center, Inc.`s Response in Opposition to Select Specialty-Lake, Inc.`s Motion for Entry of Confidentiality Order filed.
Mar. 31, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of First Request for Production of Documents to the Agency for Health Care Administration filed.
Mar. 31, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of First Set of Interrogatories to the Agency for Health Care Administration filed.
Mar. 28, 2006 Select Specialty Hospital-Lake, Inc.`s Motion for Entry of Confidentiality Order (Leesburg) filed.
Mar. 28, 2006 Select Specialty Hospital- Lake, Inc.`s Notice of Service of First Request for Production of Documents to Leesburg Medical Center, Inc. filed.
Mar. 28, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of First Set of Interrogatories to Leesburg Regional Medical Center filed.
Mar. 22, 2006 Amended Order of Pre-hearing Instructions.
Mar. 21, 2006 Select Specialty Hospital-Lake, Inc.`s Notice of Service of First Request for Admissions to the Agency for Health Care Administration filed.
Mar. 09, 2006 Notice of Change of Firm Name filed.
Mar. 02, 2006 Order of Pre-hearing Instructions.
Mar. 02, 2006 Notice of Hearing (hearing set for November 13 through 17, 20, 21 and 27 through 30, 2006; 9:00 a.m.; Tallahassee, FL).
Mar. 01, 2006 Joint Response to Initial Order filed.
Feb. 23, 2006 Order Granting Extension of Time (parties to file response to the Initial Order by March 1, 2006).
Feb. 23, 2006 Petitioner Select Specialty Hospital-Lake, Inc.`s Motion for a Two-day Enlargement of Time in which to Respond to Initial Order
Feb. 17, 2006 Petitioner, Select Specialty Hospital-Lake, Inc.`s Notice of Unavailability filed.
Feb. 15, 2006 Order Consolidating Cases (06-0568CON, 06-0572CON and 06-0577CON).
Feb. 14, 2006 Initial Order.
Feb. 13, 2006 State Agency Action Report on Application for Certificate of Need filed.
Feb. 13, 2006 Pages from the Florida Administrative Weekly filed.
Feb. 13, 2006 Select Specialty Hospital-Lake, Inc.`s Petition for Administrative Hearing filed.
Feb. 13, 2006 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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