Petitioner: ADVENTIST HEALTH SYSTEM SUNBELT, INC., D/B/A FLORIDA HOSPITAL
Respondent: THE NEMOURS FOUNDATION AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 26, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 18, 2008.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA Aor,
DIVISION OF ADMINISTRATIVE HEARINGS Vi
ADVENTIST HEALTH SYSTEM/
SUNBELT, INC., d/b/a FLORIDA
HOSPITAL,
Petitioner,
vs.
STATE OF FLORIDA, AGENCY
FOR HEALTH CARE
ADMINISTRATION and THE
NEMOURS FOUNDATION,
Respondents.
ORLANDO REGIONAL
HEALTHCARE SYSTEM,
Petitioner,
vs.
STATE OF FLORIDA, AGENCY
FOR HEALTH CARE
ADMINISTRATION and THE
NEMOURS FOUNDATION,
Respondents.
___/
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ope
“anges? q ay 12
DOAH Case No. 07-3478CON
AHCA Case No. 2007008096
CON No. 9978, 9979 and 9980
DOAH Case No. 07-3479CON
AHCA Case No 2007008095
CON No. 9978
DOAH Case No. 07-3480CON
AHCA Case No. 2007008079
CON No. 9979
DOAH Case No. 07-3481CON
AHCA Case No. 2007008082
CON No. 9980
FINAL ORDER
THE STATE OF FLORIDA, AGENCY FOR HEALTH CARE
ADMINISTRATION (hereinafter the “Agency”), having reviewed all
matters of record including CON Application Nos. 9978, 9979 and
9980; and having entered into a Settlement Agreement with
Petitioners, ORLANDO REGIONAL HEALTHCARE SYSTEM (hereinafter
“ORHS”) and ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a/
FLORIDA HOSPITAL (hereinafter "Florida Hospital"), and = with
Intervenor, THE NEMOURS FOUNDATION (hereinafter "Nemours"),
which Agreement is attached hereto as Exhibit 1; and being otherwise
well advised in the premises: |
It is ORDERED and ADJUDGED:
1. The attached Settlement Agreement is approved and
adopted as part of this Final Order, and the parties are directed to
comply with the terms of the Settlement Agreement.
2. Upon full execution of this Agreement, the Agency agrees
to issue a Certificate of Need for each of the CON projects applied for
in CON applications No. 9978, 9979 and 9980, with the following
conditions appearing on each:
A. Nemours will locate the Nemours Orlando Children’s
Hospital (“NOCH”) in the Lake Nona area of Orange County, in
ZIP code 32824 or 32827.
B. Nemours will provide at least 54 percent of NOCH’s
total patient days to Medicaid/Medicaid HMO patients or patients
| qualifying for charity care.
Cc. Nemours will accept Medicaid (non-HMO)
reimbursement for its patients at an adjusted rate which is the
average of the rates received by the two existing Class II
children's hospitals in Florida, All Children's Hospital and Miami
Children's Hospital; subject to the approval of such an adjusted
rate by the Centers for Medicare and Medicaid Services ("CMS").
If CMS does not approve such an adjusted rate, then NOCH will
be reimbursed at the regular Medicaid rate which it would
otherwise receive as a new children's hospital.
D. Nemours will subsidize any shortfalls in revenues
over expenses which are incurred at NOCH.
E. Nemours will add at least 50 employed full-time
equivalent subspecialist physicians new to District 7 within 5
years of opening.
F. Nemours will provide a clinical program to transport
patients in need of specialized services from other hospitals and
emergency rooms in Florida to NOCH.
G. Nemours will apply for and, when approved by the
Accreditation Council for Graduate Medical Education, fund seven
different subspecialty fellowship positions through the
appropriate processes with graduate medical educational
organizations.
H. Nemours will provide a minimum of $3,000,000
annually to clinical outcomes/clinical research.
I. Nemours will create dedicated space on the NOCH
campus for research integrated with the hospital. Clinical
research will be based near the point of care, across the
continuum. Nemours physicians will participate in leading
research programs.
J. Nemours will create an advisory board with child
advocacy organizations in Florida to identify patient populations
for whom special programs and facilities will be offered. This
advisory board will be convened no later than the first year of
operation of NOCH.
The above conditions apply regardless of whether Nemours constructs
and operates one, two, or all three of the projects for which it is
receiving CONs; however, the conditions remain quantitatively the
same and are not additive or multiplied by the number of CONs issued.
3. The above-styled case is hereby closed.
RE .
DONE and ORDERED this _/7 day of _@@40***,7_, 2008,
in Tallahassee, Leon County, 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 ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK
OF AHCA, AND A SECOND COPY, ALONG WITH FILING FEE AS
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 OF
PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED
WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Final
Order was served on the above-named persons and entities by U.S.