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  5. AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTERS OF AMERICA, INC., D/B/A LIFE CARE CENTER OF CITRUS COUNTY, 09-002146 (2009)

AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTERS OF AMERICA, INC., D/B/A LIFE CARE CENTER OF CITRUS COUNTY, 09-002146 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002146 Visitors: 10
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: LIFE CARE CENTERS OF AMERICA, INC., D/B/A LIFE CARE CENTER OF CITRUS COUNTY
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 22, 2009
Status: Closed
Recommended Order on Monday, March 15, 2010.
Latest Update: Mar. 23, 2011
Summary: Whether Petitioner, the Agency for Health Care Administration (AHCA or Agency), proved that Respondents, Life Care Centers of America, Inc., d/b/a Life Care Center of Port St. Lucie, and other Life Care facilities in Winter Haven, Ocala, Orlando, and Citrus County, were not in compliance with the Medicaid-patient-days condition stated on the face of the Certificates of Need (CON) for each facility for calendar year 2006, and, if not in compliance, whether the Agency may impose administrative fin
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09001772 OPINION

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA,

/ <"::;;

·;,

LIFE CARE CENTERS OF

AMERICA d/b/a LIFE CENTERS OF PORT

ST. LUCIE, WINTER HAVEN, OCALA, ORLANDO and CITRUS COUNTY,


Appellant,

NOT FINAL UNTIL TIME EXPIR_ES,TO

FILE MOTION FOR REHEARING}( DISPOSITION THEREOF IF FILED, s

CASE NO. lDl0-3792


V.


AGENCY FOR HEALTH CARE ADMINISTRATION,


Appellee.

I


Opinion filed March 22, 2011.


An appeal from Agency for Health Care Administration. Charles A. Stampelos, Administrative Law Judge.


John F. Gilroy, III, Tallahassee, for Appellant.


Tracy Lee Cooper, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Appellee.


PERCURIAM.


AFFIRMED.


WOLF, THOMAS, and ROWE, JJ., CONCUR.


Docket for Case No: 09-002146
Issue Date Proceedings
Mar. 23, 2011 Opinion filed.
Jul. 20, 2010 Notice of Appeal filed.
Jun. 21, 2010 Agency Final Order filed.
Jun. 21, 2010 Amended Agency's Exceptions to Recommended Order filed.
Jun. 21, 2010 Agency's Exceptions to Recommended Order filed.
Jun. 21, 2010 Respondents' Exceptions to Recommended Order filed.
Mar. 15, 2010 Recommended Order (hearing held December 14-18, 2009). CASE CLOSED.
Mar. 15, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 19, 2010 Respondents' Proposed Recommended Order filed.
Feb. 19, 2010 Memorandum of Law - Post Hearing (Respondent) filed.
Feb. 19, 2010 Agency's Memorandum of Law filed.
Feb. 19, 2010 Agency's Proposed Recommended Order (filed in Case No. 09-001776).
Feb. 18, 2010 Notice of Filing Response to February 18, 2010 Order filed.
Feb. 17, 2010 Order (denying Respondent's letter request for clarification on page limitation for the memorandum of law).
Feb. 17, 2010 Objection to Correspondence Forwarded Directly to Judge Stampelos Motion to Strike filed.
Feb. 16, 2010 Letter to Judge Stampelos from J. Terrel regarding request for clarification of instructions concerning the memorandum of law filed.
Feb. 11, 2010 Order Granting Extension of Time (proposed recommended orders and memoranda of law to be filed by February 19, 2010).
Feb. 11, 2010 Notice of Filing (of e-mail correspondence between counsel concerning the Motion for Extension of Time; e-mail "read receipt" for James Harris; February 10, 2010 correspondence) filed.
Feb. 11, 2010 Objection to Request for Extension by Respondent Seeking Extension to File the Proposed Recommended Order filed.
Feb. 11, 2010 Motion for Extension of Time to File Proposed Recommended Orders and Memoranda of Law filed.
Jan. 13, 2010 Transcript (Volume I through VIII) filed.
Dec. 23, 2009 Order (Agency has published a Notice of Development of Rulemaking that does not qualify for an automatic stay).
Dec. 16, 2009 Agency's Motion for Order Adopting Automatic Stay filed.
Dec. 14, 2009 CASE STATUS: Hearing Held.
Dec. 11, 2009 (Life Care) Final Witness List filed.
Dec. 11, 2009 Life Care Centers' Final Exhibit List (exhibits not attached) filed.
Dec. 11, 2009 Agency's Final Exhibit List (exhibits not attached) filed.
Dec. 10, 2009 Supplement to Prehearing Stipulation Form Filed October 2, 2009 filed.
Dec. 10, 2009 Agency's Pre-hearing Statement filed.
Dec. 04, 2009 Respondents' Second Motion for Official Recognition filed.
Dec. 03, 2009 Agency's Response to Life Care Center of Orlando's Second Request for Production of Documents to the Agency for Health Care Administration filed.
Dec. 01, 2009 Life Care Center of Orlando's Second Request for Production of Documents to the Agency for Health Care Administration filed.
Nov. 20, 2009 Order (if Respondents file a motion to Compel, then the Agency shall file a response within one business day thereafter).
Nov. 20, 2009 Response to Agency's Motion for Order Setting Time Certain for Exchange of Exhibits and Setting Deposition filed.
Nov. 20, 2009 Re-Notice of Deposition of Taking Deposition Duces Tecum (J. McLemore) filed.
Nov. 20, 2009 Order (denying Motion to Consolidate).
Nov. 19, 2009 Agency's Reply in Opposition the Motion to Consolidate filed.
Nov. 19, 2009 Life Care Centers of America's Motion to Consolidate CON Cases filed.
Nov. 18, 2009 Motion to Correct the Title of Agency's Motion Filed November 18, 2009 filed.
Nov. 18, 2009 Stipulated Motion for Order Setting Time Certain for Exchange of Exhibits and Setting Deposition of James McLemore filed.
Nov. 16, 2009 Agency's Counsel's Notice of Unavailability filed.
Nov. 13, 2009 Notice of Publication of Rulemaking filed.
Nov. 13, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 14 through 18, 2009; 1:00 p.m.; Tallahassee, FL).
Nov. 13, 2009 Order (Respondent's motion for official recognition is granted).
Nov. 13, 2009 CASE STATUS: Motion Hearing Held.
Nov. 12, 2009 Agency for Health Care Administration's Supplemental Response to Life Care Center of Orlando's First Request for Production of Documents to the Agency for Health Care Administration filed.
Nov. 12, 2009 Respondents' Motion for Official Recognition filed.
Nov. 12, 2009 Notice of Taking Deposition Duces Tecum (of J. McLemore) filed.
Nov. 10, 2009 CASE STATUS: Motion Hearing Held.
Nov. 10, 2009 Notice of Telephonic Hearing and Telephone Number filed.
Nov. 09, 2009 Agency's Opposition to Life Care's Respondent's Second Motion to Continue Final Hearing in Each of the Above-styled Consolidated Matters filed.
Nov. 09, 2009 Agency for Health Care Administration's Response to Life Care Center of Orlando's First Request for Production of Documents to the Agency for Health Care Administration filed.
Nov. 09, 2009 Life Care Center of Orlando's First Request for Production of Documents to the Agency for Health Care Administration filed.
Nov. 06, 2009 Respondents' Second Motion to Continue Final Hearing filed.
Nov. 06, 2009 Response to Agency's Amended Administrative Complaints and Order of October 27, 2009 filed.
Nov. 04, 2009 Notice of Service of Agency's Responses to Life Care Center of Port St. Lucie's Second Set of Interrogatories in the Consolidated Cases filed.
Nov. 02, 2009 Notice of Service of Life Care Center of Port St. Lucie's Second Set of Interrogatories to Agency for Health Care Administration filed.
Oct. 30, 2009 Order (Agency's Motion for Protective Order is denied).
Oct. 29, 2009 Respondent, Life Care Center's Responses to AHCA's Third Request for Production of Documents filed.
Oct. 29, 2009 Notice of Serving Respondent Life Care Center's Answers to AHCA's Fourth Set of Interrogatories filed.
Oct. 29, 2009 Response to Agency's Motion for Protective Order filed.
Oct. 29, 2009 Agency's Response to Life Care Center of Winter Haven's First Request for Admissions filed.
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-002146).
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-1776).
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-2146).
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-1775).
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-1773).
Oct. 28, 2009 First Amended Administrative Complaint (filed in Case No. 09-1772).
Oct. 27, 2009 Order (motion to strike or dismiss is denied).
Oct. 27, 2009 CASE STATUS: Motion Hearing Held.
Oct. 26, 2009 Notice of Hearing filed.
Oct. 21, 2009 Response to Agency's First Motion to Amend Administrative Complaints filed.
Oct. 21, 2009 Response to Agency's Third Motion to Strike or Dismiss as to Life Care's Third Amended Petition for Formal Administrative Proceedings for Each Respondent filed.
Oct. 19, 2009 Amended Notice of Service of Agency's Fourth Set of Interrogatories to Respondent Life Care Health Centers filed.
Oct. 19, 2009 Agency's Amended Third Request for Production of Documents filed.
Oct. 19, 2009 Respondent's First Request for Admissions filed.
Oct. 19, 2009 Agency's Response to Life Care Center of Port St. Lucie's Corrected Second Request for Production of Documents to the Agency for Health Care Administration and Motion for Protective Order filed.
Oct. 14, 2009 Agency's First Motion to Amend Administrative Complaints, Rule 28-106.202, Fla. Admin. Code filed.
Oct. 14, 2009 Agency's Third Motion to Strike or Dismiss as to Life Care's Third Amended Petition for Formal Administrative Proceedings in Each of the Above-Styled Consolidated Matters filed.
Oct. 13, 2009 Agency's Third Request for Production of Documents filed.
Oct. 13, 2009 Notice of Service of Agency's Fourth Set of Interrogatories to Respondent Life Care Health Centers filed.
Oct. 09, 2009 Life Care Center of Port St. Lucie's Corrected Second Request for Production of Documents to the Agency for Health Care Administration filed.
Oct. 09, 2009 Life Care Center of Port St. Lucie's Second Request for Production of Documents to the Agency for Health Care Administration filed.
Oct. 06, 2009 Notice of Hearing (hearing set for November 16 through 19, 2009; 9:00 a.m.; Tallahassee, FL).
Oct. 02, 2009 Order (ten-day period shall include Saturdays, Sundays, and holidays).
Oct. 02, 2009 Pre-hearing Stipulation filed.
Oct. 02, 2009 Revised Motion to Amend Petitions for Formal Administrative Proceedings filed.
Oct. 02, 2009 Third Amended Petition for Formal Administrative Proceeding (Citrus County) filed.
Oct. 02, 2009 Third Amended Petition for Formal Administrative Proceeding (Orlando) filed.
Oct. 02, 2009 Third Amended Petition for Formal Administrative Proceeding (Port St. Lucie) filed.
Oct. 02, 2009 Third Amended Petition for Formal Administrative Proceeding (Winter Haven) filed.
Oct. 02, 2009 Third Amended Petition for Formal Administrative Proceeding (Ocala) filed.
Oct. 02, 2009 Motion to Amend Petitions for Formal Administrative Proceedings filed.
Sep. 30, 2009 Order (motion for extension of time to file the joint pre-hearing stipulation is granted and the joint pre-hearing stipulation shall be filed on or before October 1, 2009).
Sep. 30, 2009 Notice of Continuation of Taking Deposition Duces Tecum (of J. McLemore) filed.
Sep. 28, 2009 CASE STATUS: Motion Hearing Held.
Sep. 28, 2009 Agency's Response to Life Care's Respondent's Renewed Motion in Limine (signed) filed.
Sep. 28, 2009 Response to Agency's Motion to Strike Life Care's Exhibits for Trial and Motion to Strike AHCA's Exhibits (with exhibits attached) filed.
Sep. 28, 2009 Motion for Extension of Time to File Pre-hearing Stipulation filed.
Sep. 25, 2009 Agency's Response to Life Care's, Respondent's Renewed Motion in Limine (unsigned) filed.
Sep. 25, 2009 Response to Agency's Motion to Strike Life Care's Exhibits and Motion to Strike AHCA's Exhibits filed.
Sep. 25, 2009 Agency's Response to Respondent's Motion to Compel the Continuance of the of the Deposition of James McLemore and Motion for Protective Order filed.
Sep. 25, 2009 Motion to Relinquish Jurisdiction filed.
Sep. 25, 2009 Respondents' Renewed Motion in Limine and/or Motion for Protective Order filed.
Sep. 24, 2009 Amended Notice of Telephonic Hearing filed.
Sep. 24, 2009 Notice of Telephonic Hearing filed.
Sep. 23, 2009 Respondents' Motion to Compel the Continuance of the Deposition of James McLemore filed.
Sep. 22, 2009 Agency's Motion to Strike Life Care's Exhibits for Trial filed.
Sep. 21, 2009 (Life Care's) Exhibit List filed.
Sep. 16, 2009 Agency's September 18, 2009, Exhibit List filed.
Sep. 11, 2009 Order (motion is granted and James Weigard may be deposed starting at 1:00 p.m. on September 15, 2009, until completed).
Sep. 10, 2009 CASE STATUS: Motion Hearing Held.
Sep. 10, 2009 Amended Notice of Taking Deposition Duces Tecum filed.
Sep. 10, 2009 Respondent's Motion for Rescheduling Deposition filed.
Sep. 10, 2009 Notice of Taking Depostion Duces Tecum filed.
Sep. 02, 2009 Notice of Cancellation of Deposition Duces Tecum filed.
Sep. 01, 2009 Life Care's Exhibit List (exhibits not attached) filed.
Aug. 31, 2009 Agency's August 31, 2009, Exhibit List (exhibits not attached) filed.
Aug. 31, 2009 Order (on or before September 10, 2009, Respondents shall serve responses to the Agency's third set of interrogatories, item 4 (1) through (d).
Aug. 28, 2009 Response to Agency's Motion for Order Setting Depositions and Fourth Motion to Compel filed.
Aug. 26, 2009 Third Request for Admissions filed.
Aug. 26, 2009 Agency's Motion for Entry of Order Setting Depositions, and Agency's Fourth Motion to Compel, Fla.R.Civ.P 1.380, or for Expedited Discovery filed.
Aug. 26, 2009 Notice of Taking Deposition Duces Tecum (of W. Smith) filed.
Aug. 26, 2009 Third Amended Notice of Taking Deposition Duces Tecum filed.
Aug. 25, 2009 Amended Notice of Taking Deposition Duces Tecum (of S. Love) filed.
Aug. 25, 2009 Amended Notice of Taking Deposition Duces Tecum (of J. McLemore) filed.
Aug. 25, 2009 Notice of Taking Deposition Duces Tecum (of R. Fitch) filed.
Aug. 25, 2009 Amended Notice of Taking Deposition Duces Tecum (of C. Green) filed.
Aug. 25, 2009 Amended Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Aug. 25, 2009 Order (Agency's Motion to Allow Telephonic Deposition of Witnesses is granted).
Aug. 24, 2009 Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses filed.
Aug. 24, 2009 Notice of Taking Deposition Duces Tecum (Dave Malone) filed.
Aug. 24, 2009 Notice of Taking Deposition (Jeff Feller) filed.
Aug. 24, 2009 Notice of Taking Depositon Duces Tecum (Barbara Martinez) filed.
Aug. 24, 2009 Notice of Taking Deposition Duces Tecum (Karen Van Caulil) filed.
Aug. 24, 2009 Notice ofTaking Deposition Duces Tecum (Adrian Peach) filed.
Aug. 20, 2009 Second Amended Notice of Taking Deposition Duces Tecum filed.
Aug. 19, 2009 Order (exhibits shall not be pre-filed with the Division of Administrative Hearings unless specifically ordered).
Aug. 19, 2009 Notice of Serving Respondent Life Care Center's Answers to AHCA's Third Set of Interrogatories filed.
Aug. 19, 2009 Respondent, Life Care Center's Responses to AHCA's Third Request for Admissions filed.
Aug. 19, 2009 Respondent, Life Care Centers' Responses to AHCA's Second Request for Production of Documents filed.
Aug. 19, 2009 Notice of Serving Respondent Life Care Center's Answers to AHCA's Second Set of Interrogatories filed.
Aug. 19, 2009 Order Re-scheduling Hearing (hearing set for October 5 through 9, 2009; 9:00 a.m.; Tallahassee, FL).
Aug. 18, 2009 CASE STATUS: Motion Hearing Held.
Aug. 18, 2009 Notice of Telephone Conference Number filed.
Aug. 18, 2009 Schedule of Depositions filed.
Aug. 17, 2009 Agency's Response to Life Care Center of Winter Haven's First Request for Production of Documents to the Agency for Health Care Administration filed.
Aug. 17, 2009 Notice of Service of Agency's Responses to Interrogatories from Respondent Life Care of Winter Haven filed.
Aug. 17, 2009 Response to Agency's Third Motion to Compel filed.
Aug. 17, 2009 Final Witness List filed.
Aug. 14, 2009 Order (on or before 5:00 p.m., August 17, 2009, parties shall file a joint proposed schedule).
Aug. 13, 2009 Agency's Third Motion to Compel, Fla.R.Civ.P. 1.380, and for Order Setting Depositions filed.
Aug. 13, 2009 Revised Notice of Taking Deposition Duces Tecum (of J. Thomas, J. Sorel) filed.
Aug. 13, 2009 Amended Notice of Taking Deposition Duces Tecum (of C. Murray, S. Ziegler) filed.
Aug. 12, 2009 Order (Agency's Second Motion to Compel is denied, Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses is granted).
Aug. 12, 2009 Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses, Rule 28-106.206, Fla. Admin. Code, Rule 1.310(b)(7), Fla.R.Civ.P. filed.
Aug. 12, 2009 Response to Agency's Second Motion to Compel filed.
Aug. 12, 2009 Notice of Taking Deposition Duces Tecum (of Respondents) filed.
Aug. 11, 2009 Notice of Taking Deposition Duces Tecum filed.
Aug. 11, 2009 Order (Agency's motion to strike is granted as to the portion of the second amended petitions).
Aug. 10, 2009 Affidavit of James B. McLemore in Support of Agency's Reply filed.
Aug. 10, 2009 Agency's Reply Pursuant to Order of July 28, 2009 filed.
Aug. 03, 2009 Life Care's Response to Agency's Motion to Strike Second Amended Petitions, Motion to Dismiss and (Second) Motion to Relinquish Jurisdiction filed.
Aug. 03, 2009 Notice of Unavailability filed.
Jul. 31, 2009 Agency's Second Motion to Compel, Fla. R. Civ. P. 1.380 filed.
Jul. 31, 2009 Agency's Final Witness List filed.
Jul. 28, 2009 Order (on or before August 10, 2009, the Agency shall file a reply and discuss any agency precedent).
Jul. 24, 2009 Agency's Motion to Strike Care's Second Amended Petition for Formal Administrative Proceedings in each of the above-Styled Consolidated Matters, Agency's Motion to Dismiss the Above-Styled Matters and to Relinquish Jurisdiction of the Above-Styled Matters to the Agency for Informal Hearing filed.
Jul. 20, 2009 Supplemental Response to AHCA's Interrogatories Numbers 1,3,4 and 5 filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceeding (Port St. Lucie) filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceeding (Orlando) filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceeding (Citrus) filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceedings (Ocala) filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceedings (Jacksonville) filed.
Jul. 20, 2009 Second Amended Petition for Formal Administrative Proceeding (Winter Haven) filed.
Jul. 20, 2009 Agency's Supplement to Discover Pursuant to Order Granting Continuance, Re-Scheduling Hearing and Ruling on Pending Motions filed.
Jul. 20, 2009 Third Request for Admissions filed.
Jul. 20, 2009 Notice of Service of Agency's Third Set of Interrogatories to Respondent Life Care Facilities in the Consolidated Cases filed.
Jul. 17, 2009 Life Care Center of Winter Haven's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jul. 17, 2009 Notice of Service of Life Care Center of Winter Haven's First Set of Interrogatories to Agency for Health Care Administration filed.
Jul. 15, 2009 Agency's Second Request for Production of Documents filed.
Jul. 15, 2009 Notice of Service of Agency's Second Set of Interrogatories to Respondent Life Care Facilities in the Consolidated Cases filed.
Jul. 15, 2009 Order (motion in limine is denied without prejudice).
Jul. 14, 2009 Notice of Posponement of Taking Deposition Duces Tecum filed.
Jul. 14, 2009 Agency's Response to Life Care's Respondent's Motion in Limine filed.
Jul. 14, 2009 Notice of Postponement of Taking Deposition Duces Tecum of AHCA Witnesses filed.
Jul. 14, 2009 Order (Agency's Motion to Allow Telephonic Deposition of Witnesses is granted).
Jul. 13, 2009 Order Granting Continuance and Re-scheduling Hearing and Ruling on Pending Motions (hearing set for September 21 through 25, 2009; 9:00 a.m.; Tallahassee, FL).
Jul. 13, 2009 Notice of Taking Deposition Duces Tecum (Jeff Thomas, Darelyn Talbott, Michael Zomchek, and Janet Sorel) filed.
Jul. 13, 2009 Agency's Agreed Motion to Allow Telephone Deposition of Witnessess filed.
Jul. 13, 2009 Agency's Response to Life Care's Respondent's Motion to Compel filed.
Jul. 13, 2009 Respondents' Motion in Limine filed.
Jul. 10, 2009 Objection to Notice of Deposition Duces Tecum filed.
Jul. 10, 2009 Agency's Response to Life Care's Respondent's Supplement to Motion to Continue Final Hearing/Memorandum filed.
Jul. 10, 2009 Affidavit of James B. McLemore in Support of Agency's Response and Motion to Strike filed.
Jul. 10, 2009 Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Jul. 10, 2009 Notice of Taking Deposition Duces Tecum (of J. McLemore) filed.
Jul. 10, 2009 Notice of Taking Deposition Duces Tecum (of C. Green) filed.
Jul. 10, 2009 Notice of Taking Deposition Duces Tecum (of S. Love) filed.
Jul. 09, 2009 Agency's Renewed Motion to Compel filed.
Jul. 09, 2009 Respondents' Motion to Compel filed.
Jul. 08, 2009 Exhibit B of Respondents' Supplement to Motion to Continue/Memorandum filed.
Jul. 07, 2009 Response to Agency's Motion to Compel filed.
Jul. 07, 2009 Respondents' Supplement to Motion to Continue Final Hearing/Memorandum filed.
Jul. 06, 2009 Affidavit of James B. McClemore in Support of Agency's Response and Motion to Strike filed.
Jul. 06, 2009 Agency's Memorandum in Response to Life Care's Memorandum to Elaborate on Position for Trial and Motion to Strike filed.
Jul. 02, 2009 Agency's Motion to Compel, Fla. R.Civ. P 1.380 filed.
Jul. 02, 2009 Order (Agency's requests for official recognition are denied).
Jul. 01, 2009 Agency's Response to Life Care's Respondent's Motion to Continue Final Hearing filed.
Jun. 29, 2009 Respondents' Response to Agency's First, Second, and Third Requests for Official Recognition, Section 120.569(2)(i), Florida Statutes filed.
Jun. 29, 2009 Respondents' Motion to Continue Final Hearing filed.
Jun. 26, 2009 Notice of Appearance (filed by J. Gilroy).
Jun. 24, 2009 Memorandum to Elaborate on Position for Trial filed.
Jun. 22, 2009 Agency's Response to Life Care Center of Ocala's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009 Notice of Service of Agency's Responses to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Ocala filed.
Jun. 22, 2009 Agency's Third Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 22, 2009 Agency's Response to Life Care Center of Citrus County's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009 Affidavit of James B. McClemore in Support of Agency's First Request for Official Recognition filed.
Jun. 22, 2009 Affidavit of James B. McClemore in Support of Agency's Third Request for Official Recognition filed.
Jun. 22, 2009 Agency's Second Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 22, 2009 Affidavit of James B. McClemore in Support of Agency's Second Request for Official Recognition filed.
Jun. 22, 2009 Notice of Service of Agency's Responses to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Citrus County filed.
Jun. 22, 2009 Agency's Response to Life Care Center of Citrus County's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009 Agency's Response to Life Care Center of Port St. Lucie's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009 Notice of Service of Agency's Response to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Port St. Lucie filed.
Jun. 22, 2009 Agency's First Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 08, 2009 Order (AHCA's motion to relinquish jurisdiction is denied).
Jun. 05, 2009 CASE STATUS: Motion Hearing Held.
Jun. 03, 2009 Notice of Telephonic Hearing filed.
Jun. 02, 2009 Notice of Service of Life Care Center of Citrus County's First Set of Interrogatories to Agency for Health Care Administration filed.
Jun. 02, 2009 Life Care Center of Citrus County's First Request for Production of Documents to the Agency for Health Care Administration filed.
May 29, 2009 Response to Motion to Relinquish Jurisdiction filed.
May 22, 2009 Notice of Filing Affidavit Regarding Motion to Relinquish Jurisdiction filed.
May 22, 2009 Request for Oral Argument filed.
May 22, 2009 Motion to Relinquish Jurisdiction filed.
May 22, 2009 Life Care Center of Ocala's First Request for Production of Documents to the Agency for Health Care Administration (filed in Case No. 09-1775).
May 22, 2009 Notice of Service of Life Care Center of Ocala's First Set of Interrogatories to Agency for Health Care Administration (filed in Case No. 09-1775).
May 22, 2009 Notice of Service of Life Care Center of Port St. Lucie's First Set of Interrogatories to Agency for Health Care Administration filed.
May 22, 2009 Life Care Center of Port St. Lucie's First Request for Production of Documents to the Agency for Health Care Administration filed.
May 13, 2009 Respondent, Life Care Center of Orlando`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009 Notice of Serving Respondent Life Care Center of Orlando`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009 Respondent, Life Care Center of Orlando`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009 Notice of Serving Respondent Life Care Center of Port St. Lucie`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009 Respondent, Life Care Center of Port St. Lucie`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009 Respondent, Life Care Center of Jacksonville`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009 Notice of Serving Respondent Life Care Center of Jacksonville`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009 Respondent, Life Care of Ocala`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009 Notice of Serving Respondent Life Care Center of Ocala`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009 Respondent, Life Care Center of Winter Haven`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009 Notice of Serving Respondent Life Care Center of Winter Haven`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009 Respondent, Life Care Center of Port St. Lucie`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009 Respondent, Life Care Center of Jacksonville`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009 Respondent, Life Care Center of Ocala`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009 Respondent, Life Care Center of Winter Haven`s Responses to AHCA`s First Request for Admissions filed.
May 07, 2009 Notice of Appearance of Counsel (of R. Saliba) filed.
Apr. 23, 2009 Order of Pre-hearing Instructions.
Apr. 23, 2009 Order of Consolidation (DOAH Case No. 09-2146 was added to consolidated batch).
Apr. 22, 2009 Petition for Formal Administrative Proceeding filed.
Apr. 22, 2009 Administrative Complaint filed.
Apr. 22, 2009 Amended Petition for Formal Administrative Proceeding filed.
Apr. 22, 2009 Notice (of Agency referral) filed.
Apr. 22, 2009 Initial Order.

Orders for Case No: 09-002146
Issue Date Document Summary
Mar. 22, 2011 Opinion
Jun. 21, 2010 Agency Final Order
Jun. 21, 2010 Agency Final Order
Jun. 21, 2010 Agency Final Order
Mar. 15, 2010 Recommended Order The Agency proved by clear and convincing evidence that each Respondent nursing home did not meet their Certificate of Need Medicaid-patient-days conditions for calendar year 2006, but Rrespondent justified a reduced fine in each case.
Source:  Florida - Division of Administrative Hearings
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