STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SANDERLING LTAC, LLC, 2004 NOV -5 P 2: 58

vs.

Petitioner,

DOAH CASE NO.: 09-1386 AHCA CASE NO.: 2009001923 CON NO.: 10046

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

--------------'

FINAL ORDER

Having reviewed the Notice of Return of Application issued on January 26, 2009, to the Petitioner, Sanderling LTAC, LLC ("Sanderling") requesting a transfer of CON #9893 for a 30-bed long term care hospital from Miami Jewish Home & Hospital for the Aged, Inc. (Exhibit 1), and all other matters or record, the Agency For Health Care Administration ("the Agency"), finds and concludes as follows:

1. The date of termination for CON 9893 was December 28, 2008.

   
   

2. On December 24, 2008, Sanderling filed a CON transfer application along with the application filing fee of $10,000.00. Sanderling's transfer application was issued CON Action Number 10046.

3. On January 26, 2009, the Agency notified Sanderling that its transfer application could not be accepted as CON 9893 had expired on December 28, 2008. The Agency further informed Sanderling that it could file for a refund of the application fee. (Exhibit 1)

   
   

   Filed November 9, 2009 12:05 PM Division of Administrative Hearings.

   
   

4. On March 12, 2009, Sanderling filed an Amended Petition for Formal Administrative Proceedings challenging the return of its transfer application for CON 9893.

5. On October 12, 2009, Sanderling informed the Agency that it had received its fee refund check for the application filing and filed a Notice of Voluntary Dismissal.

6. On October 13, 2009, the Administrative Law Judge entered an Order Closing File.

It is therefore ORDERED:

1. The Notice of Voluntary Dismissal is acknowledged and accepted.

   
   

2. The Notice of the Return of Application is upheld.

   
   

3. The above-styled case is hereby closed.

DONE and ORDERED this i£_ day of f,}av k.

inTallahassee, Florida.

, 2009,

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.

2

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 ay of r ,2009.

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:

3

A -17-2009 13:11

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Mar 17 2009 12:59

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. CHARLIE CRIST

GOVERNOR

N;iBC lH AllYI

SECRETARY

Setter He ith.Care for all Floridians HOLLY.BENSON

CERTIFIED RRR

January 26, 2009

Karl David Acuff, Esq. Watkins & Associates. P.A.

AUorneys and Counselors at Law 3051 Highland Oaks Terrace, Suite D Post Office Box 16828

Tallahassee, Florida 32317-5828

Dear Mr. Acuff:

RE: Certificate of Need (CON) Number 10046-­

Enclosed is the application on behalf of Sanderling LTAC, LLC to transfer CON #9893 for a 30- bed long-term care hospital from Miami Jewish Home & Hospital for the Aged, Inc. to your entity. The application cannot be accepted as CON #9893 expired on December 28, 2008.

Enclosed is a refund form for the $10,000 filing fee. Please complete and return this form in order to obtain a refund. Also, enclosed is your election of rights form should you wish to appeal this decision. A request for administrative hearing, if any, must be made in writing and must be actually received within 21 days of your receipt of this notice pursuant to Chapter 120, Florida Statutes and Chapter 59C-1, Florida Administrative Code. Please note that should you prevail upon appeal, a new application fee and complete application will e required.

If you have any questions. please call James Mclemore at (850) 922-0699.

JNG/jbm

cc: James 'Mclemore, Certificate of Need

Justin Senior, Office of the General Counsel

Lorraine Novak, Office of the General Counsel

2727 Mahan Drive, MS# 28

iallahusee, Florida 32308

Visit AHCA online al

http://ahca.myflorlda.com

EXHIBIT 1

Oct 12 09 ll:43a Dave IJatkins

Oct 12 2009 11:47

8506712732 p.2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS SANDERLING LTAC, LLC,

Petitioner,

vs. Case No. 09-1386

2009001923

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

.........;/

NOTICE OF VOLUNTARY DISMISSAL

Petitioner, Sanderling LTAC, LLC, by and through undersigned counsel, hereby files this Notice of Voluntary Dismissal of its Petition in the above-styled matter.

Respectfully submitted this 12th day o

W. David atkins, Esq. WATKINS & ASSOCIATES, P.A. Post Office Box 15828 Tallahassee, FL 32317-5828

Attorneys for Sanderling LTAC, LLC CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been served as indicated below this 12th day of October, 2009, to:

Richard J Saliba, Esq. Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive ·

Fort Knox Building 3 Tallahassee, Florida 32308

via electronic mail

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SANDERLING LTAC, LLC, )

)

Petitioner, )

)

vs. ) Case No. 09-1386

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

)

ORDER CLOSING FILE

This cause having come before the undersigned on a Notice of Voluntary Dismissal, and the undersigned being fully advised, it is, therefore,

ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed.

Jurisdiction is hereby relinquished to Agency for Health Care Adminis½-ration.

DONE AND ORDERED this 13th day of October, 2009, in Tallahassee, Leon County, Florida.

DAVID M. MALONEY

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 13th day of October, 2009.

COPIES FURNISHED:

Karl David Acuff

Watkins & Associates, P.A. Post Office Box 15828 Tallahassee, Florida 32317

Richard Joseph Saliba, Esquire

Agency for Health Care Administration

2727 Mahan Drive, Building 3, Mail Station 3

Tallahassee, Florida 32308

Docket for Case No: 09-001386

Orders for Case No: 09-001386