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HAVEN BEHAVIORAL SERVICES OF FLORIDA vs AGENCY FOR HEALTH CARE ADMINISTRATION, 11-000267CON (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000267CON Visitors: 5
Petitioner: HAVEN BEHAVIORAL SERVICES OF FLORIDA
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JAMES H. PETERSON, III
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 19, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 10, 2011.

Latest Update: Apr. 11, 2011
11000265AFO



STATE OF FLORIDA

FILED

MICA AGENCY CLERK

DIVISION OF ADMINISTRATIVE HEARINGS 2ffll APR -8 A IQ: 17


HAVEN BEHAVIORAL SERVICES OF FLORIDA,



vs.

Petitioner,

DOAH CASE NO. 11-0265CON ACHA CASE NO. 2011000503 CON NO. 10095


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent,


and


LIFESTREAM BEHAVIORAL CENTER, INC.; OCALA BEHAVIORAL HEALTH, LLC d/b/a THE VINES HOSPITAL; AND BROOSKVILLE PROPERTY RESOURCES,INC.d/b/a SPRINGBROOK HOSPITAL,


Intervenors. /

HAVEN BEHAVIORAL SERVICES OF FLORIDA,



vs.

Petitioner,

DOAH CASE NO. 11-0267CON AHCA CASE NO. 2011000497 CON NO. 10094


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent,


and


BROOKSVILLE PROPERTY RESOURCES, INC. d/b/a SPRINGBROOK HOSPITAL AND OCALA BEHAVIORAL HEALTH, LLC d/b/a THE VINES HOSPITAL,

Intervenors. I


Filed April 11, 2011 8:43 AM Division of Administrative Hearings


FINAL ORDER


THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10094 to establish a 24-bed adult inpatient psychiatric hospital and CON Application No. 10095 to establish a 26-bed adult inpatient psychiatric hospital, both of which were filed by HAVEN BEHAVIORAL SERVICES OF FLORIDA, LLC (hereinafter "Haven") in the Second Batching Cycle of 2010. The Agency preliminarily denied both of Haven's CON applications.

Thereafter, Haven timely filed a Petition for Formal Administrative Hearing with respect to the denials in CON 10095, DOAH Case No. 11-265, and CON 10094, DOAH Case No. 11-267, which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH").

On February 14, 2011, the Intervenor, The Ocala Behavioral Health, LLC d/b/a The Vines Hospital, filed a Motion to Consolidate DOAH Case Nos. 11-265 and 11-267.

On March 2, 2011, DOAH issued an Order of Consolidation consolidating both cases.

On March 8, 2011, Haven filed a Notice of Voluntary Dismissal withdrawing its CON applications in DOAH Case Nos. 11-265 and 11-276.

On March 10, 2011, DOAH issued an Order Closing Files as a result of the voluntary dismissals.


It is therefore ORDERED and ADJUDGED:


  1. The voluntary dismissals by Haven and the Order Closing Files by DOAH are hereby acknowledged and accepted.

  2. The above-styled cases are hereby closed.


DONE and ORDERED this ./4_ day of                      

in Tallahassee, Florida.


, 2011,




UDEK, Secretary

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 of zier,1 , 2011.


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

Tallahassee, Florida 32308

(850) 412-3630


COPIES FURNISHED TO:


James H. Peterson, III Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


Martha Harrell Chumbler, Esquire

W. Douglas Hall, Esquire James J. Kennedy, III, Esquire Carlton Fields, P.A.

215 South Monroe Street, Suite 500 Post Office Drawer 190

Tallahassee, Florida 32302

Attorneys for Haven Behavioral Services of Florida


Steven A. Grigas, Esquire Julie Gallagher, Esquire Akerman Senterfitt

106 East College Ave Tallahassee, Florida 32301-7748

Attorneys for LifeStream Behavioral Center, Inc.


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

2873 Remington Green Circle Tallahassee, Florida 32308

Attorneys for Ocala Behavioral Health, LLC d/b/a The Vines Hospital


Michael J. Glazer, Esquire Ausley & McMullen

123 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302

Attorneys for Brooksville Property Resources, Inc. d/b/a Springbrook Hospital


Richard Joseph Saliba, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308 (Interoffice Mail)


Janice Mills Government Analyst II Facilities Intake

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

Tallahassee, Florida 32308 (Interoffice Mail)


Docket for Case No: 11-000267CON
Issue Date Proceedings
Apr. 11, 2011 (Agency) Final Order filed.
Mar. 10, 2011 Order Closing Files. CASE CLOSED.
Mar. 08, 2011 Notice of Voluntary Dismissal filed.
Mar. 07, 2011 Notice of Availability filed.
Mar. 07, 2011 Response of Available Trial Dates filed.
Mar. 02, 2011 Order Canceling Hearings (parties to advise status by March 7, 2011).
Mar. 02, 2011 Order of Consolidation (DOAH Case Nos. 11-0265CON and 11-0267CON).
Mar. 01, 2011 Notice of Transfer.
Feb. 24, 2011 Order Granting Extension of Time.
Feb. 22, 2011 Joint Request for Extension to File Proposed OPIs filed.
Feb. 22, 2011 Notice of Arrangement of Court Reporter filed.
Feb. 22, 2011 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Feb. 21, 2011 Notice of Filing Response to Motion to Consolidate filed.
Feb. 09, 2011 Order on Filing Proposed Pre-hearing Instructions.
Feb. 09, 2011 Notice of Hearing (hearing set for August 15 through 19, 22 through 26 and August 29 through September 2, 2011; 9:00 a.m.; Tallahassee, FL).
Feb. 08, 2011 Amended Notice of Transfer.
Feb. 08, 2011 Notice of Transfer.
Feb. 07, 2011 Joint Response to Initial Order filed.
Jan. 28, 2011 Order Granting Extension of Time.
Jan. 28, 2011 Motion for Additional Time to Respond to Initial Order filed.
Jan. 26, 2011 Notice of Substitution of Counsel filed.
Jan. 26, 2011 Order Granting Petition to Intervene.
Jan. 25, 2011 Petition to Intervene (of Ocala Behavioral Health, LLC d/b/a The Vines Hospital "The Vines") filed.
Jan. 25, 2011 Notice of Appearance (of C. Porcher) filed.
Jan. 24, 2011 Petition to Intervene (filed by M. Glazer).
Jan. 20, 2011 Initial Order.
Jan. 20, 2011 Notice (of Agency referral) filed.
Jan. 20, 2011 Petition for Formal Administrative Hearing filed.
Jan. 20, 2011 Agency action letter filed.

Orders for Case No: 11-000267CON
Issue Date Document Summary
Apr. 08, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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