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HEARTLAND SERVICES OF FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 06-003758CON (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003758CON Visitors: 6
Petitioner: HEARTLAND SERVICES OF FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Oct. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 15, 2007.

Latest Update: Mar. 16, 2025
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HEARTLAND SERVICES OF -TONB FES ~ | FLORIDA, INC., Petitioner, DOAH Case No. 06-3758CON AHCA No. 2006008715 CON No. 9929 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and CATHOLIC HOSPICE, INC., Respondents. FINAL ORDER THIS CAUSE comes before the AGENCY | FOR HEALTH CARE ADMINISTRATION (the “Agency") concerning Certificate of Need ("CON") Application No. 9929, filed by HEARTLAND SERVICES OF FLORIDA, INC. (hereinafter "Heartland") in the First Batching Cycle of 2006, requesting a CON to establish a hospice program, which application was denied. Thereafter, Heartland timely filed at the Division of Administrative Hearings ("DOAH") a Petition for Administrative Hearing with respect to the denial. On March 13, 2007, Heartland filed its voluntary dismissal of the DOAH case. . On March 15, 2007, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. orl an ERA Pi: $3. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Heartland and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9929 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 30” day of Danser , 2008, in Tallahassee, Florida. ANDREW C. WUNOBI, 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 febesng,< , 2008. RICHARD J, SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #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 Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. Post Office Box 551 Tallahassee, Florida 32302-1551 Attorneys for Heartland Services of Florida, Inc. Paul H. Amundsen, Esquire Julia E. Smith, Esquire Amundsen & Smith, P.A. Post Office Drawer 1759 Tallahassee, Florida 32302 Attorneys for Catholic Hospice, Inc. Michael E. Riley, Esquire Gray, Robinson, P.A. Post Office Box 11189 Tallahassee, Florida 32302-3189 Attorney for North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services Mark A. Emanuele, Esquire Lisa M. Szulgit, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorney for Hospice of the Palm Coast, 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: 06-003758CON
Issue Date Proceedings
Feb. 04, 2008 Final Order filed.
Mar. 15, 2007 Order Closing File. CASE CLOSED.
Mar. 14, 2007 Catholic Hospice, Inc.`s, Responses to North Broward Hospital District d/b/a Hospice of the Gold Coast Home Health Services` Request for Production of Documents to Catholic Hospice, Inc. filed.
Mar. 13, 2007 Heartland Services of Florida, Inc.`s Notice of Voluntary Dismissal filed.
Mar. 12, 2007 Petitioner North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Cross Notice of Taking Depositions filed.
Mar. 09, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to Catholic Hospice, Inc. filed.
Mar. 09, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to Heartland Services of Florida, Inc. filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of K. McGowan) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of L. Rashce) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of V. Fernandez) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Deposition (of J. Johnson) filed.
Mar. 09, 2007 Catholic Hospice Inc.`s Notice of Depositions (of R. Watts, R. Tywoniak, M. Martin, J. Ball, and Rev. Struehrenberg) filed.
Mar. 08, 2007 Cross-Notice of Taking Deposition filed.
Mar. 08, 2007 Cross-notice of Taking Deposition Duces Tecum filed.
Mar. 08, 2007 Petitioner, North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services` Notice of Taking Depositions filed.
Mar. 07, 2007 Hospice of the Palm Coast, Inc.`s Responses to Heartland Services of Florida, Inc.`s First Request for Production of Documents filed.
Mar. 05, 2007 AHCA`s Notice of Service of Answers to Interrogatories of North Broward Hospital District, d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 27, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Second Request for Production of Documents to North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 23, 2007 Notice of Taking Deposition Duces Tecum filed.
Feb. 23, 2007 Notice of Serving Page 9 of District`s Answers to Catholic Hospice`s First Set of Interrogatories filed.
Feb. 22, 2007 AHCA Response to First Request for Admissions of Hospice of Palm Coast, Inc. filed.
Feb. 21, 2007 Amended Notice of Deposition of John Benz (amended as to Date only).
Feb. 20, 2007 Notice of Service Hospice of the Palm Coast, Inc.`s First Set of Interrogatories to the Agency for Health Care Administration filed.
Feb. 20, 2007 Catholic Hospice, Inc.`s First Request for Production of Documents to North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Feb. 19, 2007 Catholic Hospice, Inc.`s Request for Copies filed.
Feb. 15, 2007 Catholic Hospice, Inc.`s First Request for Production of Document`s to Hospice of the Palm Coast, Inc. filed.
Feb. 15, 2007 Notice of Deposition of John Benz filed.
Feb. 14, 2007 Catholic Hospice, Inc.`s First Request for Production of Documents to Heartland Services of Florida, Inc. filed.
Feb. 12, 2007 Catholic Hospice, Inc.`s, Responses to Hospice of the Palm Coast Inc.`s First Request for Production of Documents to Catholic Hospice, Inc. filed.
Feb. 09, 2007 Petitioner, Hospice of the Palm Coast`s, Request for Copies to Catholic Hospice, Inc. filed.
Feb. 07, 2007 Petitioner, Hospice of the Palm Coast`s, Request for Copies to Catholic Hospice, Inc. filed.
Feb. 07, 2007 District`s Request for Copies filed.
Feb. 07, 2007 District`s First Request for Production to Hospice of Palm Coast filed.
Feb. 07, 2007 District`s First Request for Production to Heartland filed.
Feb. 07, 2007 District`s First Request for Production to Catholic Hospice, Inc. filed.
Feb. 05, 2007 Catholic Hospice, Inc.`s Request for Copies filed.
Jan. 26, 2007 District`s Answers to HPC`s First Set of Interrogatories to the District filed.
Jan. 26, 2007 Notice of Service of District`s Answers to HPC`s First Set of Interrogatories filed.
Jan. 26, 2007 Notice of Service of District`s Answers to HPC`s First Set of Interrogatories filed.
Jan. 26, 2007 District`s Response to HPC`s First Request for Production of Documents filed.
Jan. 25, 2007 Letter to Judge Maloney from P. Amundsen regarding motion to regulate discovery filed.
Jan. 23, 2007 Notice of Service of Hospice of the Palm Coast`s, Inc. First Request for Admissions to Agency for Health Care Administration filed.
Jan. 19, 2007 Catholic Hospice, Inc.`s Notice of Service of Answers and Objections to North Broward Hospital District d/b/a Hospice of the Gold Coast Home Health Services First Set of Interrogatories filed.
Jan. 18, 2007 Petitioner, Hospice of the Palm Coast, Inc.`s Response to Catholic Hospice, Inc.`s Motion for Order Regulating Discovery filed.
Jan. 16, 2007 Catholic Hospice, Inc.`s Motion for Regulating Discovery filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s First Request for Production of Documents to Hospice of the Palm Coast, Inc. filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s First Request for Production of Documents to Catholic Hospice, Inc. filed.
Jan. 12, 2007 Heartland Services of Florida, Inc.`s Notice of Service of Answers to Catholic Hospice`s First Set of Interrogatories filed.
Jan. 08, 2007 Notice of Service of Hospice of the Palm Coast, Inc.`s Unexecuted Responses to Catholic Hospice, Inc.`s First Set of Interrogatories filed.
Dec. 22, 2006 Notice of Service of the Palm Coast, Inc.`s First Set of Interrogatories to the North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast, Inc.`s First Request for Production of Documents to Catholic Hospice Inc filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast, Inc.`s First Request for Production to Heartland Services of Florida, Inc filed.
Dec. 22, 2006 Notice of Service of Hospice of the Palm Coast`s First Request for Production of Documents to North Broward Hospital District, d/b/a Hospice of Gold Coast Home Health Services filed.
Dec. 18, 2006 District`s Notice of Service of First Set of Interrogatories to Catholic Hospice filed.
Dec. 18, 2006 District`s Notice of Service of First Set of Interrogatories to AHCA filed.
Dec. 05, 2006 Notice of Substitution and Notice of Appearance (filed by M. Emanuele).
Nov. 30, 2006 Catholic Hospice Inc.`s Notice of Service of First Sets of Interrogatories to Hospice of the Palm Coast Inc., Heartland Services of Florida, Inc. and North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Nov. 29, 2006 Catholic Hospice Inc`s Notice of Service of First Sets of Interrogatories to Hospice of the Palm Coast Inc; Heartland Services of Florida Inc; and North Broward Hospital District d/b/a Hospice of Gold Coast Home Health Services filed.
Oct. 24, 2006 Order of Consolidation.
Oct. 24, 2006 Order of Consolidation (DOAH Case Nos. 06-4123CON was added to consolidated batch).
Oct. 18, 2006 Order of Pre-hearing Instructions.
Oct. 18, 2006 Notice of Hearing (hearing set for April 23 through 27, 30 through May 4 and May 29 through June 1, 2007; 9:00 a.m.; Tallahassee, FL).
Oct. 13, 2006 Joint Response to Consolidated Initial Orders filed.
Oct. 09, 2006 Order Granting Consolidation (DOAH Case Nos. 06-3652, 06-3653 and 06-3758).
Oct. 06, 2006 Notice of Appearance (filed by P. Amundsen).
Oct. 04, 2006 Initial Order.
Oct. 03, 2006 Notice of Related Cases (DOAH Case Nos. 06-3758CON, 06-3652CON and 06-3653CON) filed.
Oct. 03, 2006 Certificate of Need Decisions on Batched Applications filed.
Oct. 03, 2006 Petition for Formal Administrative Hearing filed.
Oct. 03, 2006 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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