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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL REGIONAL HOSPITAL,

AHCA

AGENCY CLERK

ZOIZ MAR I t, A 8: tiI

vs.

Petitioner,

DOAH NO. 12-0424CON AHCA NO. 2012000913

CON NO. 10131

RENDITION NO.: AHCA-/'2,; tJ J .J/ -5-CON

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and THE SHORES BEHAVIORAL HOSPITAL, LLC,

Respondents.

THE SHORES BEHAVIORAL HOSPITAL, LLC,1

vs.

Petitioner,

DOAH NO.: 12-0427CON AHCA NO.: 2012000931

CON NO. 10132

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE comes before the Agency For Health Care Administration (the "Agency") concerning Certificate of Need ("CON") Application No. 10131 filed by The Shores Behavioral Hospital, LLC (hereinafter "The Shores") to establish a 60-bed adult psychiatric hospital and CON Application No. 10132

1 The entity is a limited liability company according to the Division of Corporations.

Filed March 14, 2012 2:40 PM Division of Administrative Hearings

to establish a 12-bed substance abuse program in addition to the 60 adult psychiatric beds pursuant to CON application No. 10131.

The Agency preliminarily approved CON Application No. 10131 and preliminarily denied CON Application No. 10132.

South Broward Hospital District d/b/a Memorial Regional Hospital (hereinafter "Memorial") thereafter filed a Petition for Formal Administrative Hearing challenging the Agency's preliminary approval of CON 10131, which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH").

The Shores thereafter filed a Petition for Formal Administrative Hearing to challenge the Agency's preliminary denial of CON 10132, which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH"). Upon receipt at DOAH, Memorial, CON 10131, was assigned DOAH

Case No. 12-0424CON and The Shores, CON 10132, was assigned DOAH Case No. 12-0427CON. On February 16, 2012, the Administrative Law Judge issued an Order of Consolidation consolidating both cases.

On February 24, 2012, the Administrative Law Judge issued an Order Closing File and Relinquishing Jurisdiction based on the parties' representation they had reached a settlement.

The parties have entered into the attached Settlement Agreement (Exhibit 1).

It is therefore ORDERED:

1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.

2. The Agency will approve and issue CON 10131 and CON 10132 with the conditions:

   1. Approval of CON Application 10131 to establish a Class III specialty hospital with 60 adult psychiatric beds is concurrent with approval of the co-batched CON Application 10132 to establish a 12-bed adult substance abuse program in addition to the 60 adult psychiatric beds in one single hospital facility.

   2. Concurrent to the licensure and certification of 60 adult inpatient psychiatric beds, 12 adult substance abuse beds and 30 adolescent residential treatment (DCF) beds at The Shores, all 72 hospital beds and 30 adolescent residential beds at Atlantic Shores Hospital will be delicensed.

   3. The Shores will become a designated Baker Act receiving facility upon licensure and certification.

   4. The location of the hospital approved pursuant to CONs 10131 and 10132 will not be south of Los Olas Boulevard and The Shores agrees that it will not seek any modification of the CONs to locate the hospital farther south than Davie Boulevard (County Road 736).

3. Each party shall be responsible its own costs and fees.

   
   

4. The above-styled cases are hereby closed.

DONE and ORDERED this / 1- day of '--/L(_oc.,._c_k-_-                        ,2012,

in Tallahassee, Florida.

ELI ABETH DEK, Secretary

AGENCY FOR 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

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named below on this /9 day of

         /¼ l'.'.2.-_/_c 4

, 2012.

RICHARD J. SHOOP, A ncy Clerk

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

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

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

Tallahassee, Florida 32301 (U.S. Mail)

Geoffrey D. Smith Smith & Associates

1499 South Harbor City Boulevard Suite 202

Melbourne, Florida 32901 (U.S. Mail)

Corinne T. Porcher, Esquire Smith and Associates

2834 Remington Green Circle, Suite 201

Tallahassee, Florida 32308 (U.S. Mail)

Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice Mills

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 12-000427CON

Orders for Case No: 12-000427CON