STATE OF FLORIDA

,L'

; ,l.'J.

DIVISION OF ADMINISTRATIVE HEARINGII SEP 30 A 8: 4 8

TENET ST. MARY'S, INC. D/8/A ST. MARY'S MEDICAL CENTER,

Petitioner,

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION AND HEALTHSOUTH REHABILITATION HOSPITAL OF MARTIN COUNTY, LLC,

Respondents.

JFK MEDICAL CENTER LIMITED PARTNERSHIP D/B/A JFK MEDICAL CENTER,

Petitioner,

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION AND HEALTHSOUTH REHABILITATION HOSPITAL OF MARTIN COUNTY, LLC

Respondent,

and

DOAH CASE NO.: 11-3635CON AHCA CASE NO.: 2011007880 CON NO.: 10118

DOAH CASE NO.: 11-3638CON AHCA CASE NO.: 2011007869 CON NOS.: 10117 & 10118

BETHESDA HEALTHCARE SYSTEM, INC.; TENENT ST. MARV'S, INC. D/B/A ST. MARV'S MEDICAL CENTER AND DELRAY MEDICAL CENTER, INC. D/B/A DELRAY MEDICAL CENTER,

Intervenors.

Filed October 4, 2011 9:40 AM Division of Administrative Hearings

HEALTHSOUTH REHABILITATION HOSPITAL OF MARTIN COUNTY, LLC

vs.

Petitioner,

DOAH CASE NO.: 11-3848 AHCA CASE NO.: 2011008374 CON NOS.: 10117 & 10118

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") regarding Certificate of Need ("CON") CON Application No. 10117. This matter concerned the establishment of a 24-bed comprehensive medical rehabilitation program for which the Agency issued a notice of preliminary intent to deny. This matter also concerned Application No. 10118, which proposed the establishment of a 34-bed comprehensive medical rehabilitation hospital which the Agency had preliminarily approved as submitted by Healthsouth Rehabilitation Hospital of Martin County, LLC.

On July 22, 2011, JFK Medical Center Limited Partnership d/b/a JFK Medical Center ("JFK") filed a Petition for Formal Administrative Proceeding to contest the noticed preliminary intent to deny its CON Application No. 10117 and to contest the preliminary approval of HealthSouth Rehabilitation Hospital of Martin County, LLC of CON 10118, which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH") and assigned DOAH Case No. 11-3638CON.

On July 22, 2011, TENET ST. MARY'S, INC. D/B/A ST. MARY'S MEDICAL

CENTER ("Tenet St. Mary") filed a Petition for Formal Administrative Hearing to contest the Agency's preliminary approval of CON 10118 to HealthSouth Rehabilitation Hospital, which was forwarded to DOAH and assigned DOAH Case No. 11-3635CON.

On September 2, 2011, JFK filed a Notice of Voluntary Dismissal.

On September 6, 2011, DOAH entered an Order Severing Cases DOAH Case Nos. 11-3638CON and 11-3848CON from 11-3635CON so that an Order Closing File could be entered in DOAH Case No. 11-3638CON and as to Case No: 11-3648CON which the AU determined was rendered moot by the voluntary dismissal.

On September 6, 2011, Tenet St. Mary filed a Notice of Voluntary Dismissal dismissing its Petition (DOAH Case No. 11-3635CON).

On September 7, 2011, DOAH entered an Order Closing File in DOAH Case No. 11-3635CON.

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

1. The voluntary dismissals of JFK and St. Mary and the Order Closing File by DOAH are hereby acknowledged and accepted.

2. The Petitions filed by Tenet St. Mary and JFK are hereby dismissed.

3. Each party shall be solely responsible for its respective costs and

   
   

   attorney's fees.

4. The Agency action regarding CON 10118, awarding the establishment of a 34-bed comprehensive medical rehabilitation hospital to Healthsouth Rehabilitation Hospital of Martin County, LLC is upheld.

5. The above-styled cases is hereby closed.

DONE and ORDERED this  q day of 5 .ke<:

Elizabeth AGENCY

2011, in Tallahassee, Florida.

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 3hay of , ¥ , 2011.

R:KsiSHOOP, Agency C?lerk

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

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

R. Terry Rigsby, Esquire Cynthia S. Tunnicliff, Esquire

Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

215 South Monroe Street, 2nd Floor Post Office Box 10095

Tallahassee, Florida 32301

Attorneys for HealthSouth Rehabilitation Hospital of Martin County, LLC

Paul H. Amundsen, Esquire Julia E. Smith, Esquire Ruden Mcclosky

215 South Monroe Street, Suite 815

Tallahassee, Florida 32301

Attorneys for HealthSouth Rehabilitation Hospital of Martin County, LLC

Michael J. Glazer, Esquire Stephen C. Emmanuel Ausley & McMullen

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

Attorneys for Tenet St. Mary's, Inc. d/b/a St. Mary's Medical Center and Delray Medical Center, Inc. d/b/a Delray Medical Center

R. David Prescott, Esquire Stephen A. Ecenia, Esquire

Rutledge, Ecenia, and Purnell, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551

Tallahassee, Florida 32302-0551

Attorneys for JFK Medical Center Limited Partnership d/b/a JFK Medical Center

Karen A. Putnal, Esquire

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

Tallahassee, Florida 323011508

Attorney for Bethesda Healthcare System, Inc.

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 285 Peachtree Center Avenue, Suite 1500

Atlanta, Georgia 30303

Attorney for Bethesda Healthcare System, Inc.

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: 11-003635CON

Orders for Case No: 11-003635CON