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ADVENTA HOSPICE SERVICES OF FLORIDA, INC. vs NORTH CENTRAL FLORIDA HOSPICE, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION, 08-001584CON (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001584CON
Petitioner: ADVENTA HOSPICE SERVICES OF FLORIDA, INC.
Respondent: NORTH CENTRAL FLORIDA HOSPICE, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 28, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 3, 2008.

Latest Update: Jul. 06, 2024
STATE OF FLORIDA Pil DIVISION OF ADMINISTRATIVE HEARINGS ° “f°2". ADVENTA HOSPICE SERVICES OF FLORIDA, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. . DOAH Case No. 08-1584CON AHCA No. 2008003869 CON No. 9999 FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9999 which was filed by ADVENTA HOSPICE SERVICES OF FLORIDA, INC. (hereinafter “Adventa”) in the Second Batching Cycle of 2007, requesting a CON to establish a hospice program. The application was denied. Thereafter, Adventa timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (‘DOAH”). On May 6, 2008, Adventa filed its voluntary dismissal of the DOAH case. On June 3, 2008, an Order Closing File was issued by DOAH as a result of Adventa’s voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Adventa and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9999 is hereby denied. 3. The above-styled case is hereby closed. _— DONE and ORDERED this Boo, of ~\the , 2008, in Tallahassee, Florida. HOLLY BENSON, 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. Mail or interoffice mail to the persons named below on this _/¥"—day of “Jeane _, 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, FL 32399-3060 Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, FL 32302 Attorney for Adventa Hospice Services of Florida, Inc. W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P. A. Post Office Box 15828 Tallahassee, FL 32317 Attorneys for Compassionate Care Hospice of Florida, Inc. Robert D. Newell, Esquire Newell Terry & Douglas PA 817 North Gadsden Street Tallahassee, FL 32303-6313 Attorney for Halifax Hospice, Inc. d/b/a Hospice of Volusia-Flagler R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, FL 32302 Attorney for North Central Florida Hospice, Inc. d/b/a Haven Hospice Stephen A. Ecenia, Esquire. R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, FL 32302-0551 Attorneys for HCR Manor Care Services of Florida, Inc. Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, FL 32308 Attorneys for Vitas Healthcare Corporation of Central Florida, Inc. Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, FL 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail)

Docket for Case No: 08-001584CON
Issue Date Proceedings
Jun. 20, 2008 Final Order filed.
Jun. 03, 2008 Order Closing File. CASE CLOSED.
Jun. 02, 2008 Amended Cross Notice of Taking Deposition Duces Tecum filed.
May 30, 2008 Amended Notice of Taking Deposition Duces Tecum (J. Gregg) filed.
May 30, 2008 Cross Notice of Taking Deposition Duces Tecum filed.
May 28, 2008 Notice of Taking Deposition Duces Tecum filed.
May 23, 2008 Vitas` Preliminary Witness List filed.
May 23, 2008 Halifax Hospice, Inc.`s Preliminary Witness List filed.
May 23, 2008 Haven Hospice`s Preliminary Witness List filed.
May 23, 2008 The Agency for Health Care Administration`s Final Witness List filed.
May 23, 2008 Notice of Appearance and Substitution of Counsel (filed by L. Novak).
May 19, 2008 Answers and Objections to Haven Hospice`s First Set of Interrogatories to HCR Manor Care Services of Florida, Inc. filed.
May 19, 2008 HCR`s Notice of Serving Answers and Objections to Haven Hospice`s First Set of Interrogatories filed.
May 19, 2008 HCR`s Responses to Haven Hospice`s First Request for Production of Documents filed.
May 19, 2008 North Central Florida Hospice, Inc., d/b/a Haven Hospice`s Responses to VITAS Healthcare Corporation of Central Florida, Inc.`s First Request for Production of Documents filed.
May 19, 2008 North Central Florida Hospice, Inc., d/b/a Haven Hospice`s Notice of Service Responses to VITAS Healthcare Corporation of Central Florida`s First Set of Interrogatories filed.
May 15, 2008 Order of Pre-hearing Instructions.
May 12, 2008 (Proposed) Order of Pre-hearing Instructions filed.
May 08, 2008 Notice of Serving HCR`s First Interrogatories to Vitas Healthcare Corporation of Central Florida, Inc. filed.
May 08, 2008 HCR`s Second Request for Production of Documents to Vitas Healthcare Corporation of Central Florida, Inc. filed.
May 08, 2008 HCR Manor Care Services of Florida, Inc.`s Second Request for Production of Documents to North Central Florida Hospice, Inc. filed.
May 06, 2008 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to North Central Florida Hospice, Inc. filed.
May 06, 2008 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to Vitas Healthcare Corporation of Central Florida, Inc. filed.
May 06, 2008 HCR Manor Care Services of Florida, Inc.`s First Request for Production of Documents to Adventa Hospice Services of Florida, Inc. filed.
May 06, 2008 Notice of Voluntary Dismissal filed.
May 01, 2008 Haven Hospice`s Second Request for Production to Halifax Hospice, Inc., d/b/a Hospice of Volusia-Flagler filed.
May 01, 2008 Haven Hospice`s Second Request for Production to Adventa Hospice Services of Florida, Inc. filed.
May 01, 2008 Haven Hospice`s Second Request for Production to Vitas Healthcare Corporation of Central Florida, Inc. filed.
May 01, 2008 Haven Hospice`s Second Request for Production to HCR Manor Care Services of Florida, Inc. filed.
Apr. 28, 2008 Vitas` Notice of Service of First Interrogatories to HCR Manor Care Services of Florida, Inc. filed.
Apr. 28, 2008 Vitas` First Request to Produce to Adventa Hospice Services of Florida, Inc. filed.
Apr. 28, 2008 Vitas` First Request to Produce to HCR Care Services of Florida, Inc. filed.
Apr. 28, 2008 Vitas` Notice of Service of First Interrogatories to Adventa Hospice Services of Florida, Inc. filed.
Apr. 22, 2008 Order (within 20 days of this Order, parties shall file a proposed order of pre-hearing instructions).
Apr. 22, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 18 through 22, 25 through 28, September 9 through 12, 15 through 19, 22, and 23, 2008; 9:00 a.m.; Tallahassee, FL).
Apr. 21, 2008 Adventa Hospice Services of Florida, Inc.`s Second Request for Production to Vitas Healthcare Corporation of Central Florida, Inc. filed.
Apr. 21, 2008 Adventa Hospice Services of Florida, Inc.`s Second Request for Production to Halifax Hospice, Inc. filed.
Apr. 21, 2008 Adventa`s Notice of Serving First Interrogatories to Halifax Hospice, Inc. filed.
Apr. 21, 2008 Adventa`s Notice of Serving First Interrogatories to Vitas Healthcare Corporation of Central Florida, Inc. filed.
Apr. 18, 2008 Vitas` First Request to Produce to North Central Florida Hospice, Inc. d/b/a Haven Hospice filed.
Apr. 18, 2008 Vitas` Notice of Service of First Interrogatories to North Central Florida Hospice, Inc. d/b/a Haven Hospice filed.
Apr. 18, 2008 Adventa`s First Request for Production of Documents to Haven Hospice filed.
Apr. 18, 2008 Adventa`s Second Request for Production of Documents to HCR Manor Care Services of Florida, Inc. filed.
Apr. 18, 2008 Adventa`s Notice of Serving Interrogatories to HCR Manor Care Services of Florida, Inc. filed.
Apr. 18, 2008 Adventa`s Notice of Serving First Interrogatories to Haven Hospice filed.
Apr. 18, 2008 Order of Consolidation (DOAH Case No. 08-1944CON was added to the consolidated batch).
Apr. 17, 2008 HCR Manor Care Services of Florida, Inc., The Agency for Health Care Administration, Vitas Health Care Corporation of Central Florida, Inc. and Adventa Hospice Services of Florida, Inc.`s Motion for Continuance filed.
Apr. 16, 2008 Adventa Hospice Services of Florida, Inc.`s First Request for Production to Halifax Hospice, Inc. filed.
Apr. 16, 2008 Adventa Hospice Services of Florida, Inc.`s First Request for Production to HCR Manor Care Services of Florida, Inc. filed.
Apr. 16, 2008 Adventa Hospice Services of Florida, Inc.`s First Request for Production to Vitas Healthcare Corporation of Central Florida, Inc. filed.
Apr. 16, 2008 Notice of Serving First Interrogatories to Vitas Healthcare Corporation of Central Florida, Inc. filed.
Apr. 16, 2008 Haven Hospice`s First Request for Production of Documents to Vitas Healthcare Corporation of Central Florida, Inc. filed.
Apr. 15, 2008 Notice of Hearing (hearing set for May 20 through 23, 27 through 30, June 2 through 6, 9 through 13 and 16 through 20, 2008; 9:00 a.m.; Tallahassee, FL).
Apr. 14, 2008 Notice of Serving First Request for Production to Adventa (filed in Case No. 08-001584CON).
Apr. 11, 2008 Haven Hospice`s First Request for Production of Documents to Adventa Hospice Services of Florida, Inc. filed.
Apr. 11, 2008 Amended Notice of Serving First Request for Production of Documents to Adventa Hospice Services of Florida, Inc. filed.
Apr. 11, 2008 Haven Hospice`s First Request for Production of Documents to HCR Manor Care Services of Florida, Inc. filed.
Apr. 11, 2008 Notice of Serving First Interrogatories to HCR Manor Care Services of Florida, Inc. filed.
Apr. 11, 2008 Joint Response to Initial Order filed.
Apr. 10, 2008 Compassionate Care Hospice of Florida, Inc.`s Notice of Voluntary Dismissal filed.
Apr. 08, 2008 Order of Consolidation (DOAH Case Nos. 08-1305CON, 08-1584CON, 08-1639CON, 08-1640CON, and 08-1641CON).
Mar. 31, 2008 Initial Order.
Mar. 28, 2008 Notice of Appearance (filed by R. Rigsby).
Mar. 28, 2008 Petition for Formal Administrative Hearing filed.
Mar. 28, 2008 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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