STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

COMPASSIONATE CARE HOSPICE OF FLORIDA,

FILED

/\HCA

AGENCY CLERK

2011 JUN - 3 A II: I 2

Petitioner, DOAH CASE NO.: 10-9385CON

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. I

ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., d/b/a ODYSSEY HEALTHCARE OF CENTRAL FLORIDA,

Petitioner, DOAH CASE NO.: 10-9387CON

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. I

HOSPICE OF PALM BEACH COUNTY, INC.,

Petitioner, DOAH CASE NO.: 10-9441CON

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. I

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

("the Agency") on Certificate of Need ("CON") Application No. 10083, which was filed by COMPASSIONATE CARE HOSPICE OF FLORIDA, INC. ("CCH") and CON Application No.

FINAL ORDER

Page I of4

Filed June 7, 2011 10:43 AM Division of Administrative Hearings

10086, which was filed by ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC.

("Odyssey") in the First Batching Cycle of 2010. CCH and Odyssey contested Agency for Health Care Administration's decision to preliminarily approve the HOSPICE OF PALM BEACH COUNTY, INC. ("HPBC") CON Application No. 10085 to establish a new hospice program in Broward County, District 10 consisting of Broward County ("Service Area 10" or the "Service Area"). The Agency denied the remaining co-batched applications. CCH timely filed a

-Petition for Formal Administrative Hearing challenging the denial, which the Agency forwarded to the Division of Administrative Hearings ("DOAH"). Odyssey timely filed a Petition for Formal Administrative Hearing and Petitioner for Leave to Intervene challenging the denial and seeking intervention in any proceedings initiated by those applicants challenging the denial of their respective applications. HPBC filed its Petition Challenging Co-Batched Applicants and requesting the denial of all other co-batched applications.

On February 18, 2011, Odyssey filed its notice of voluntary dismissal of its Petition for Formal Administrative Hearing. On February 22, 2011, Odyssey filed an amended notice of voluntary dismissal of its Petition for Formal Administrative Hearing and the Administrative Law Judge at DOAH entered an order severing case and an order closing the file. On February 25, 2011, CCH filed its notice of voluntary dismissal of its Petition for Formal Administrative Hearing and the Administrative Law Judge at DOAH entered an order severing case and an order closing the file. On May 23, 2011, HPBC filed its Notice of Dismissal and the Administrative Law Judge at DOAH entered an order severing case and an order closing the file.

It is therefore ORDERED:

1. The Agency's denial of the CON 10083 is upheld.

   
   

2. The Agency's denial of the CON 10086 is upheld.

   
   

3. The Agency's decision to preliminarily approve CON Application No. 10085, which was filed by HPBC, is upheld.

4. The above-styled cases are hereby closed.

ORDERED on this ay         of                                  , 2011, in Tallahassee, Florida.

k, Secretary

Agency for Hea 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. Mail or interoffice mail to the persons named below on this 3 ay

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of _

    ,,',- )_a...--<----

,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:

Docket for Case No: 10-009385CON

Orders for Case No: 10-009385CON