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:
The voluntary dismissals of JFK and St. Mary and the Order Closing File by DOAH are hereby acknowledged and accepted.
The Petitions filed by Tenet St. Mary and JFK are hereby dismissed.
Each party shall be solely responsible for its respective costs and
attorney's fees.
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.
The above-styled cases is hereby closed.
DONE and ORDERED this q day of 5 .ke<:
Elizabeth AGENCY
2011, in Tallahassee, Florida.
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)
| Issue Date | Document | Summary |
|---|---|---|
| Sep. 30, 2011 | Agency Final Order |
