STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS UNITED HOSPICE OF FLORIDA, INC.,

l-.:-I L.ED

AHCA

AGENCY CLERK

ZOIO AUG 21 P 12: 59

vs.

Petitioner,

DOAH CASE NO.: 10-1861CON AHCA CASE NO.: 2010003318 CON NO.: 10070

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning co-batched Certificate of Need ("CON") Application Nos. 10069 - 10072 seeking to establish a new hospice program in Orange County, District 7/B.

The Agency preliminarily approved Memorial Hospital-Flagler, Inc. d/b/a Florida Hospital HospiceCare's (hereinafter "Florida Hospital") CON Application No. 10070.

Thereafter, United timely filed its Petition for Formal Administrative Hearing challenging the Agency's approval of the co-batched CON Application No. 10070 to Florida Hospital. The Petition was forwarded by the Agency Clerk to the Division of Administrative Hearing ("DOAH").

On August 18, 2010, United filed its notice of withdrawal of its challenge to the approval of CON 10070 to Florida Hospital, but maintains its

Filed August 27, 2010 2:55 PM Division of Administrative Hearings.

challenge to the Agency's denial of its CON Application No. 10072 (Ex. 1) in a related matter.

On August 19, 2010, the AU entered an Order Severing Party with respect to the Agency's approval of Florida Hospital's preliminarily approved CON Application No. 10070.

It is therefore ORDERED and ADJUDGED:

1. United's Notice of Withdrawal of Challenge to Approval of Florida Hospice Hospice's CON No. 10070 is hereby acknowledged and accepted.

2. CON Application No. 10070 is hereby approved.

   
   

3. The above-styled case is hereby closed.

DONE and ORDERED this l! ay ofAugust, 2010, in Tallahassee, Florida.

THOMAS W. ARN0,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 zY¾v of  ,::,,s6, 2010.        

RICHARD J. SHOOP, ncy Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Charles A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Stephen K. Boone, Esquire

Boone, Boone, Boone, Koda & Frock, P.A. 1001 Avenida Del Circe

Post Office Box 1596 Venice, Florida 34284

Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Timothy B. Elliott, Esquire Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32308

Mark A. Emanuele, Esquire

Deborah S. Platz, Esquire

Elizabeth Lauren Pedersen, Esquire Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308

Lorraine M. Novak, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Janice Mills Government Analyst II Facilities Intake

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 10-001861CON

Orders for Case No: 10-001861CON