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ORLANDO HEALTH vs AGENCY FOR HEALTH CARE ADMINISTRATION, THE NEMOURS FOUNDATION AND ADVENTIST HEALTH SYSTEM/SUNBELT, INC., D/B/A FLORIDA HOSPITAL, 10-009384CON (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009384CON Visitors: 4
Petitioner: ORLANDO HEALTH
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION, THE NEMOURS FOUNDATION AND ADVENTIST HEALTH SYSTEM/SUNBELT, INC., D/B/A FLORIDA HOSPITAL
Judges: ROBERT S. COHEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 6, 2010.

Latest Update: Jan. 14, 2011
Orlando Health v AHCA, The Nemours Foundation & Adventist Health Systems Sunbelt Inc dba Florida Hospital



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMNISTRATION ORLANDO HEALTH,

FILED

AHCA

AGENCY CLEftK

ZOii JAN l 3 A IQ: 11 '


vs.

Petitioner,

DOAH CASE NOS.: 10-9384CON

10-9382CON


AHCA CASE NOS: 2010010152

2010010150

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

CON NOS.

10078

THE NEMOURS FOUNDATION and ADVENTIST HEALTH SYSTEMS/


10080

SUNBELT, INC. d/b/a FLORIDA HOSPITAL




Respondents.



FINAL ORDER


THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION ("Agency") regarding Petitioner, ORLANDO HEALTH, filing a Petition and a request for a Formal Hearing at the Division of Administrative Hearings to review the Agency decision approving Adventist Health System/Sunbelt Inc. d/b/a Florida Hospital's request for a CON to establish a pediatric cardiac catheterization program and supporting the Agency's preliminary denial of Nemour's Foundation's request for a CON to establish a pediatric cardiac catheterization program, both of which would be located in District 7 Orange County, Pediatric Cardiac Catheterization Planning Area 4.


Filed January 14, 2011 Division of Administrative Hearings


Subsequently, on December 3, 2010, Orlando Health filed a Notice of Voluntary Dismissal in DOAH Case Nos. 10-9382 CON and 10-9384 CON regarding the above referenced matter, at the Division of Administrative Hearings.

On December 6, 2010, the Hearing Officer at the Division of Administrative Hearings, closed the above referenced file based upon Orlando Health's Notice of Voluntary Dismissal filed in DOAH Case Nos. 10- 9382 CON and 10-9384 CON and further entered an order of severance from the other consolidated cases so that an Order Closing File could be entered in those specific cases only.

IT IS THERFORE ORDERED AND ADJUDGED THAT:


  1. That the petition filed by Orlando Health is dismissed.


  2. That the above styled cases are hereby closed


DONE and ORDERED this /  ay       of                                2011, in Tallahassee, Florida.


Elizabeth Du , Interim Secretary

AGENCY FOR ALTH 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 /3   day of <-. ./.cry , 2011.


RICHARD J. SHOOP, Agency Clerk 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


F. Philip Blank, Esquire Blank & Meenan, P.A. 204 South Monroe Street

Tallahassee, Florida 32301


Stephen K. Boone, Esquire Boone, Boone, Koda & Fook, P.A. 1001 Avenida Del Circa

Post Office Box 1596 Venice, Florida 34284-1596


Thomas F. Panza, Esquire Deborah S. Platz, Esquire Panza, Maurer & Maynard, P.A.

3600 North Federal Highway, 3rd Floor Fort Lauderdale, Florida 33308


Richard Joseph Saliba, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308 (Interoffice Mail)


Janice Mills Facilities Intake

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

Tallahassee, Florida 32308 (Interoffice Mail)


Docket for Case No: 10-009384CON
Issue Date Proceedings
Jan. 14, 2011 Agency Final Order filed.
Dec. 06, 2010 Order Closing Files. CASE CLOSED.
Dec. 06, 2010 Order Severing Cases.
Dec. 03, 2010 Orlando Health's Notice of Voluntary Dismissal filed.
Nov. 30, 2010 Order Requesting Order of Pre-hearing Instructions.
Nov. 01, 2010 Notice of Hearing (hearing set for February 14 through 18, 21, 22, 28 through March 4 and 7 through 9, 2011; 9:00 a.m.; Tallahassee, FL).
Oct. 20, 2010 Order of Consolidation (DOAH Case Nos. 10-9382CON, 10-9383CON, 10-9384CON and 10-9388CON).
Oct. 18, 2010 Joint Response to Initial Order filed.
Oct. 12, 2010 Order Granting Extension of Time.
Oct. 11, 2010 Joint Motion for Extension of Time to Respond to the Initial Order filed.
Oct. 07, 2010 Notice of Appearance and Petition in Support of AHCA's Initial Decision filed.
Oct. 07, 2010 Notice of Appearance (of S. Boone) filed.
Sep. 30, 2010 Initial Order.
Sep. 29, 2010 Notice (of Agency referral) filed.
Sep. 29, 2010 Petition for Formal Administrative Hearing filed.
Sep. 29, 2010 Agency action letter filed.

Orders for Case No: 10-009384CON
Issue Date Document Summary
Jan. 13, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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