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MORTON PLANT HOSPITAL ASSOCIATION, INC., D/B/A MORTON PLANT HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC., D/B/A COMMUNITY HOSPITAL OF NEW PORT RICHEY, 10-006466CON (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006466CON Visitors: 8
Petitioner: MORTON PLANT HOSPITAL ASSOCIATION, INC., D/B/A MORTON PLANT HOSPITAL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC., D/B/A COMMUNITY HOSPITAL OF NEW PORT RICHEY
Judges: ROBERT S. COHEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 28, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 18, 2010.

Latest Update: Dec. 02, 2010
Morton Plant Hospital Association Inc dba Morton Plant Hospital Inc v AHCA and New Port Richey Hospital Inc dba Community Hospital of New Port Richey



STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

D

AGEHCY CLER!{

20!0 OEC - I A 9: 59


MORTON PLANT HOSPITAL ASSOCIATION,INC.d/b/a MORTON PLANT HOSPITAL, INC.,



vs.

Petitioner,

DOAH CASE NO.: 10-6466CON AHCA CASE NO.: 2010007401 CON NO.: 10074


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC. d/b/a COMMUNITY HOSPITAL OF NEW PORT RICHEY,


Respondents.



FINAL ORDER


THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10074, which was filed by MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT HOSPITAL, INC. (hereinafter

"Morton Plant") in the First Batching Cycle of 2010, requesting a CON to establish 46-bed adult inpatient psychiatric hospital. The application was denied.

Thereafter, Morton Plant 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").


Filed December 1, 2010 1:31 PM Division of Administrative Hearings


On October 11, 2010, Morton Plant filed its voluntary dismissal of the DOAH case (Exhibit A).

On October 18, 2010, an Order Severing DOAH Case No. 10-6466CON (Exhibit B) and an Order Closing File (Exhibit C) were issued by DOAH as a result of the voluntary dismissal.

It is therefore ORDERED and ADJUDGED:


  1. The voluntary dismissal filed by Morton Plant is hereby acknowledged and accepted.

  2. The above-styled case is hereby closed.


DONE and ORDERED this i2!/_ day 2010, i Tallahassee, Florida.


UDEK, Interim ecretary

HEALTH CARE ADMINISTRATION


2


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


r               

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 / day of 2010.


RICHARD J. SHOOP, Agenc.,.....     ,..._..,

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630


COPIES FURNISHED TO:


Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


3


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

2873 Remington Green Circle Tallahassee, Florida 32308

Attorneys for Windmoore Healthcare of Clearwater, Inc.


Robert A. Weiss, Esquire Karen A. Putnal, Esquire

Parker, Hudson, Rainer & Dobbs, LLP 118 N Gadsden Street. Suite 200

Tallahassee, Florida 32301-1508

Attorneys for Morton Plant Hospital Association, Inc. d/b/a Morton Plant Hospital


R. David Prescott, Esquire Richard M. Ellis, Esquire Stephen A. Ecenia, Esquire Rutledge, Ecenia & Purnell, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301

Attorneys for New Port Richey Hospital d/b/a Community Hospital of New Port Richey


Richard Joseph Saliba, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308


Janice Mills Government Analyst II Facilities Intake

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

Tallahassee, Florida 32308 (Interoffice Mail)


4


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


MORTON PLANT HOSPITAL ASSOC., ) INC. d/b/a MORTON PLANT HOSPITAL, )

)

Petitioner, )

)

)

)

AGENCY FOR HEALTH CARE ) ADMINISTRATION and NEW PORT ) RICHEY HOSPITAL, INC., d/b/a ) COMMUNITY HOSPITAL OF NEW PORT ) RICHEY, )

)


Case No. 10-6466CON AHCA File No. 2010007401 CONNo. 10074

Respondents. ) )


MORTON PLANT'S NOTICE OF VOLUNTARY DISMISSAL

Morton Plant Hospital Association, Inc., d/b/a Morton Plant Hospital, by and through its undersigned counsel, respectfully submits this Notice of Voluntary Dismissal in the above­ identified matter.

DATED this 11th day of October 2010.


=

, ·           ,,A.:

Karen A. Putnal

Fla. Bar No. 0037745

Robert A. Weiss

Fla. Bar No. 0222038

Parker, Hudson, Rainer & Dobbs LLP 118 N. Gadsden Street

Tallahassee, FL 32301

(850) 681-0191 / (850) 681-9493 (fax)


COUNSEL FOR MORTON PLANT HOSPITAL ASSOCIATION, INC. .





EXHIBIT



Filed October 11, 2010 4:48 PM Division of Administrative Hearings.



CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of Morton Plant's Notice of Voluntary Dismissal was furnished to all parties of record via email transmission this 11th day of October 2010 to the following:


Stephen A. Ecenia, Esq.

David Prescott

Richard M. Ellis, Esq.

Rutledge, Ecenia, & Purnell, P.A. 119 South Monroe Street, Suite 202

Tallahassee, FL 32301 steve@reuphlaw.com david@reuphlaw.com rellis@reuphlaw.com


Richard Saliba, Esq.

Office of the General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Building 3, Mail Station 3

Tallahassee, Florida 32308 Richard.Saliba@ahca.myflorida.com


Geoffrey Smith, Esq.

Timothy B. Elliott, Esq.

Smith & Associates

--             

2873 Remington Green Circle Tallahassee, Florida 32308 geoff@smithlawtlh.com Tim@smithlawtlh.com


Attorney


2


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


WINDMOOR HEALTHCARE OF CLEARWATER, INC.,


Petitioner,


vs. Case No. 10-5431CON


AGENCY FOR HEALTHCARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC., d/b/a COMMUNITY HOSPITAL OF NEW PORT RICHEY,


Respondents.


MORTON PLANT HOSPITAL, ASSOCIATION, INC., d/b/a MORTON PLANT HOSPITAL, INC.,


Petitioner,


vs.


AGENCY FOR HEALTHCARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC., d/b/a COMMUNITY HOSPITAL OF NEW PORT RICHEY,

Case No. 10-6466CON


Respondents.



ORDER SEVERING DOAH CASE NO. 10-6466CON


This cause having come before the undersigned on Morton Plant's Notice of Voluntary Dismissal filed in DOAH Case

No: 10-6466CON on October 11, 2010, and the undersigned being fully advised, it is


ORDERED that DOAH Case No. 10-6466CON is hereby severed from the other consolidated case so that an Order Closing File can be entered in that case only.


EXHIBIT

I           


DONE AND ORDERED this 18th day of October, 2010, in Tallahassee, Leon County, Florida.

'{tt Qi    ,

ROBERTS. COHEN

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 18th day of October, 2010.


COPIES FURNISHED:


Timothy Bruce Elliott, Esquire Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32308


Richard Joseph Saliba, Esquire

Agency for Health Care Administration

2727 Mahan Drive, Building 3, Mail Station 3

Tallahassee, Florida 32308


Stephen A. Ecenia, Esquire Rutledge, Ecenia & Purnell, P.A.

119 South Monroe Street, Suite 202 Tallahassee, Florida 32301


Karen Ann Putnal, Esquire

Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 200

118 North Gadsden Street Tallahassee, Florida 32301


2


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


MORTON PLANT HOSPITAL ASSOCIATION, INC., d/b/a MORTON PLANT HOSPITAL, INC.,


Petitioner,


vs.


AGENCY FOR HEALTH CARE ADMINISTRATION AND NEW PORT RICHEY HOSPITAL, INC., d/b/a COMMUNITY HOSPITAL OF NEW PORT RICHEY,

Case No. 10-6466CON


Respondents.



ORDER CLOSING FILE


This cause having come before the undersigned on Morton Plant's Notice of Voluntary Dismissal, filed October 11, 2010, 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 closed. Jurisdiction is relinquished to the Agency for Health Care Administration.


DONE AND ORDERED this 18th day of October, 2010, in Tallahassee, Leon County, Florida.

    (fl_

ROBERTS. COHEN

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

EXHIBIT

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


Filed with the Clerk of the Division of Administrative Hearings this 18th day of October, 2010.


COPIES FURNISHED:


Richard Joseph Saliba, Esquire

Agency for Health Care Administration

2727 Mahan Drive, Building 3, Mail Station 3

Tallahassee, Florida 32308


Karen Ann Putnal, Esquire

Parker Hudson Rainer & Dobbs LLP The Perkins House, Suite 200

  1. North Gadsden Street Tallahassee, Florida 32301


    Stephen A. Ecenia, Esquire Rutledge, Ecenia & Purnell, P.A.

  2. South Monroe Street, Suite 202 Tallahassee, Florida 32301


2


Docket for Case No: 10-006466CON
Issue Date Proceedings
Dec. 02, 2010 Agency Final Order filed.
Oct. 18, 2010 Order Closing File. CASE CLOSED.
Oct. 18, 2010 Order Severing DOAH Case No. 10-6466CON.
Oct. 14, 2010 Windmoor's Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Oct. 14, 2010 Windmoor's Amended Notice of Taking Deposition Duces Tecum (of G. Nelson) filed.
Oct. 11, 2010 Morton Plant's Notice of Voluntary Dismissal (filed in Case No. 10-006466CON).
Oct. 11, 2010 Windmoor's Notice of Taking Deposition Duces Tecum (of G. Romig and S. Stack) filed.
Oct. 11, 2010 Windmoor's Notice of Taking Deposition Decus Tecum (of G. Nelson and D Weiner) filed.
Oct. 11, 2010 Order Granting, in Part, New Port Richey Hospital, Inc., d/b/a Community Hospital`s Motion in Limine to Preclude Testimony of Morton Plant Hospital Association, Inc.`s Witnesses.
Oct. 08, 2010 Community Hospital's Final Witness List filed.
Oct. 08, 2010 Windmoor's Final Witness List filed.
Oct. 07, 2010 Motion in Limine to Preclude Testimony of Morton Plant Hospital Association, Inc.'s Witnesses and Request for Expedited Hearing and Ruling filed.
Oct. 04, 2010 Windmoor's Notice of Taking Deposition Duces Tecum of Designated Representative(s) of Community filed.
Sep. 30, 2010 Notice of Taking Deposition filed.
Sep. 30, 2010 Notice of Taking Deposition Duces Tecum filed.
Sep. 30, 2010 Community Hospital's Notice of Service of Subpoenas filed.
Sep. 29, 2010 Morton Plant's Response to Community Hospital's Motion for Attorneys Fees and Costs (filed in Case No. 10-006466CON).
Sep. 29, 2010 Windmoor's Response to Community Hospital's Motion for Attorney's Fees and Costs filed.
Sep. 28, 2010 Morton Plant's Notice of Service of Responses and Objections to Community Hospital's First Interrogatories and First Request to Produce (filed in Case No. 10-006466CON).
Sep. 27, 2010 Notice of Taking Deposition Duces Tecum filed.
Sep. 27, 2010 Community Hospital's Second Request for Production of Documents to Morton Plant Hospital Association, Inc., filed.
Sep. 24, 2010 Morton Plant's Preliminary Witness List (filed in Case No. 10-006466CON).
Sep. 24, 2010 Community Hospital's Preliminary Witness List filed.
Sep. 24, 2010 Windmoor's Preliminary Witness List filed.
Sep. 23, 2010 Windmoor's Responses to Community's Second Request for Production filed.
Sep. 23, 2010 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Sep. 22, 2010 Community Hospital's Motion for Attorney's Fees and Costs as against Morton Plant Hospital Association, Inc. filed.
Sep. 22, 2010 Community Hospital's Motion for Attorney's Fees and Costs as against Windmoor Healthcare of Clearwater,Inc. filed.
Sep. 21, 2010 Community Hospital of New Port Richey's Response to Windmoor Healthcare of Clearwater, Inc.'s First Request for Production of Documents filed.
Sep. 16, 2010 Windmoor's Second Request for Production of Documents to Community Hospital filed.
Sep. 16, 2010 Windmoor's Notice of Serving First Interrogatories on Community Hospital filed.
Sep. 03, 2010 Order of Pre-hearing Instructions.
Sep. 02, 2010 Notice of Filing Proposed Order of Prehearing Instructions.
Aug. 31, 2010 Order Granting Extension of Time.
Aug. 31, 2010 Amended Joint Motion for Additional Two-day Extension of Time to File Proposed Order of Pre-hearing Instructions filed.
Aug. 31, 2010 Joint Motion for Additional Two-day Extension of Time to File Proposed Order of Pre-hearing Instructions filed.
Aug. 30, 2010 The Agency for Health Care Administration's Reply to Request for Production of Documents and Agency Motion for Protective Order filed.
Aug. 30, 2010 Order Granting Extension of Time.
Aug. 27, 2010 Consented Motion for Two-Day Extension of Time to File Proposed Order of Pre-hearing Instructions filed.
Aug. 18, 2010 Community Hospital's Second Request for Production of Documents to Windmoor Healthcare of Clearwater, Inc. filed.
Aug. 18, 2010 Community Hospital's Notice of Service of Second Interrogatories to Windmoor Healthcare of Clearwater, Inc. filed.
Aug. 18, 2010 Community Hospital's First Request for Production of Documents to Morton Plant Hospital Association, Inc. filed.
Aug. 18, 2010 Community Hospital's Notice of Service of First Interrogatories to Morton Plant Hospital filed.
Aug. 13, 2010 Order (denying Community Hospital's motion to relinquish jurisdiction).
Aug. 12, 2010 CASE STATUS: Motion Hearing Held.
Aug. 10, 2010 Windmoor's Notice of Filing Affidavit of Patricia Greenberg filed.
Aug. 05, 2010 Windmoor's Response to Community Hospital's Motion to Relinquish Jurisdiction to AHCA filed.
Aug. 05, 2010 Morton Plant's Response to Comunity Hospitial's Motion to Relinquish Jurisdiction filed.
Aug. 04, 2010 Notice of Telephone Hearing filed.
Aug. 03, 2010 Order of Consolidation (DOAH Case Nos. 10-5431CON and 10-6466CON).
Jul. 29, 2010 Initial Order.
Jul. 29, 2010 Notice of Appearance (filed by S. Ecenia, R. Prescott, R. Ellis).
Jul. 29, 2010 Community Hospital's Motion to Relinquish Jurisdiction to Agency for Health Care Administration for Entry of Final Order filed.
Jul. 28, 2010 Morton Plant Hospital Association, Inc.'s Petition for Formal Administrative Proceeding filed.
Jul. 28, 2010 Notice (of Agency referral) filed.

Orders for Case No: 10-006466CON
Issue Date Document Summary
Dec. 01, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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