Petitioner: GENESIS REHABILITATION HOSPITAL, INC., D/B/A BROOKS REHABILITATION HOSPITAL
Respondent: ORANGE PARK MEDICAL CENTER, INC., D/B/A ORANGE PARK MEDICAL CENTER, AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 14, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 20, 2013.
Latest Update: Jan. 28, 2014
13000164AFOSTATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
GENESIS REHABILITATION HOSPITAL, INC. d/b/a BROOKS REHABILITATION HOSPITAL,
FILED
AHCA
AGENCY CLERK
2014 JAN 21 P I: 53
Petitioner,
V.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and ORANGE PARK MEDICAL CENTER, INC.,
Respondents.
./
DOAH NO. 13-0164CON
CON NO. 10160
AHCA No. 2013000318
RENDITION NO.: AHCA- If- oass -S-OLC
FINAL ORDER
THIS CAUSE comes before the State of Florida, Agency for Health Care Administration ("the Agency") regarding certificate of need ("CON") application number 10160 filed by Orange Park Medical Center, Inc. ("Orange Park") which sought to establish a 20-bed comprehensive medical rehabilitation ("CMR") unit in its hospital located in Orange Park, Florida, District 4.
The Agency approved Orange Park' s CON application 10160.
Genesis Rehabilitation Hospital, Inc. d/b/a Brooks Rehabilitation Hospital ("Brooks") filed a petition for formal hearing challenging the Agency's preliminary approval of CON application number 10160.
The parties have entered into the attached Settlement Agreement, which is adopted and incorporated into this Final Order. (Ex. 1)
IT IS THEREFORE ORDERED:
The approval of Orange Park's CON application number 10160 is UPHELD subject to the conditions outlined in the application and the terms of the executed settlement.
ORDERED in Tallahassee, Florida on this day of , 2014.
ek, Secretary
ealth Care Administration
Filed January 28, 2014 3:16 PM Division of Administrative Hearings
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 Orc!gdlas been furnished!: U.S. Mail or electronic mail to the persons named below on this l ay of
) / ,2014.
/
Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 412-3630
Janice Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) | James Mclemore, Supervisor Certificate of Need Unit Agency for Health Care Administration (Electronic Mail) |
Lorraine M. Novak, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (Electronic Mail) | Stephen A. Ecenia, Esquire Rutledge Ecenia, P.A. Post Office Box 551 Tallahassee, Florida 32301 Steve@reuphlaw.com (Electronic Mail) |
John D. C. Newton, II Administrative Law Judge Division of Administrative Hearings (Electronic Mail) | Stephen C. Emmanuel, Esquire Ausley & McMullen 123 South Calhoun Street Tallahassee, Florida 32301 Semmanuel@ausley.com (Electronic Mail) |
2
Docket for Case No: 13-000164CON
Issue Date |
Proceedings |
Jan. 28, 2014 |
Agency Final Order filed.
|
Dec. 20, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 19, 2013 |
Joint Motion for Entry of Order Relinquishing Jurisdiction and Closing DOAH File filed.
|
Nov. 13, 2013 |
CASE STATUS: Status Conference Held. |
Nov. 07, 2013 |
Notice of Telephonic Status Conference (status conference set for November 13, 2013; 11:00 a.m.).
|
Aug. 22, 2013 |
Notice of Hearing (hearing set for January 27 through 31 and February 3 through 7, 2014; 9:00 a.m.; Tallahassee, FL).
|
Aug. 22, 2013 |
Amended Order of Pre-hearing Instructions.
|
Aug. 20, 2013 |
Third Joint Status Report and Request for Continued Abeyance filed.
|
Jul. 18, 2013 |
Third Order of Abatement (parties to advise status by August 20, 2013).
|
Jul. 17, 2013 |
Second Joint Status Report and Request for Continued Abeyance filed.
|
Jun. 17, 2013 |
Second Order of Abatement (parties to advise status by July 17, 2013).
|
Jun. 10, 2013 |
CASE STATUS: Status Conference Held. |
Jun. 06, 2013 |
Notice of Telephonic Status Conference (status conference set for June 10, 2013; 9:30 a.m.).
|
Jun. 06, 2013 |
Joint Status Report and Request for Continued Abeyance filed.
|
May 07, 2013 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by June 10, 2013).
|
May 06, 2013 |
Unopposed Joint Motion for Continuance and to Place Case in Abeyance filed.
|
May 01, 2013 |
Orange Park Medical Center's Final Witness List filed.
|
May 01, 2013 |
Notice of Taking Deposition to Preserve Testimony (of M. Gilligan) filed.
|
May 01, 2013 |
Brooks Rehabilitation Hospital's Notice of Taking Deposition (of G. Stanley and R. Kitchen) filed.
|
May 01, 2013 |
Notice of Taking Deposition Duces Tecum (of D. Weiner) filed.
|
May 01, 2013 |
Brooks Rehabilitation Hospital's Amended Notice of Taking Deposition (of T. Pentz) filed.
|
Apr. 30, 2013 |
Notice of Taking Depositions (of M. Spigel and T. Paris) filed.
|
Apr. 30, 2013 |
Notice of Taking Deposition (of B. Greene) filed.
|
Apr. 29, 2013 |
Notice of Taking Deposition to Preserve Testimony filed.
|
Apr. 26, 2013 |
Orange Park Medical Center's First Amended Preliminary Witness List filed.
|
Apr. 24, 2013 |
Notice of Taking Deposition (of D. Sullivan) filed.
|
Apr. 22, 2013 |
Notice of Appearance (Eugene Rivers) filed.
|
Apr. 19, 2013 |
Brooks Rehabilitation Hospital's Amended Preliminary Witness List filed.
|
Apr. 19, 2013 |
Brooks Rehabilitation Hospital's Notice of Taking Deposition (of T. Pentz) filed.
|
Apr. 19, 2013 |
Notice of Taking Depositions (of M. Edwards, M. Gilligan, A. Udekwu, and I. Rodriguez) filed.
|
Apr. 15, 2013 |
Brooks Rehabilitation Hospital's First Request for Admissions to Agency for Health Care Administration filed.
|
Apr. 15, 2013 |
Brooks Rehabilitation Hospital's Second Request for Admissions to Orange Park Medical Center filed.
|
Apr. 04, 2013 |
Notice of Telephonic Pre-hearing Conference (set for May 29, 2013; 9:00 a.m.).
|
Apr. 02, 2013 |
Brooks Rehabilitation Hospital's First Request for Admissions to Orange Park Medical Center, Inc. filed.
|
Apr. 01, 2013 |
Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Fourth Request for Production of Documents filed.
|
Mar. 25, 2013 |
Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Third Request for Production of Documents filed.
|
Mar. 22, 2013 |
Orange Park Medical Center's Preliminary Witness List filed.
|
Mar. 22, 2013 |
Brooks Rehabilitation Hospital's Preliminary Witness List filed.
|
Mar. 14, 2013 |
Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Second Request for Production of Documents filed.
|
Mar. 14, 2013 |
Orange Park Medical Center's Notice of Service of Answers and Objections to Brooks Rehabilitation Hospital's Second Set of Interrogatories filed.
|
Mar. 08, 2013 |
The Agency for Health Care Administration's Preliminary and Final Witness List filed.
|
Mar. 01, 2013 |
Brooks Rehabilitation Hospital's Fourth Request for Production of Documents to Orange Park Medical Center filed.
|
Feb. 26, 2013 |
Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's First Request for Production of Documents filed.
|
Feb. 26, 2013 |
Orange Park Medical Center's Notice of Answers and Objections to Brooks Rehabilitation Hospital's First Set of Interrogatories filed.
|
Feb. 22, 2013 |
Brooks' Response to Orange Park's First Request for Production of Documents filed.
|
Feb. 22, 2013 |
Brooks Rehabilitation Hospital's Notice of Service of Responses to Orange Park Medical Center's First Set of Interrogatories filed.
|
Feb. 21, 2013 |
Brooks Rehabilitation Hospital's Third Request for Production of Documents to Orange Park Medical Center filed.
|
Feb. 19, 2013 |
Order of Pre-hearing Instructions.
|
Feb. 18, 2013 |
Joint Response to Order Requesting Proposed Order of Pre-hearing Instructions filed.
|
Feb. 08, 2013 |
Brooks Rehabilitation Hospital's Second Request for Production of Documents to Orange Park Medical Center filed.
|
Feb. 08, 2013 |
Brooks Rehabilitation Hospital's Notice of Service of Second Set of Interrogatories to Orange Park Medical Center filed.
|
Feb. 08, 2013 |
Orange Park Medical Center's First Request for Production of Documents to Brooks Rehabilitation Hospital filed.
|
Feb. 08, 2013 |
Notice of Service of First Interrogatories to Brooks Rehabilitation Hospital filed.
|
Feb. 08, 2013 |
Notice of Appearance (filed by Stephen Ecenia, R. Prescott, and Rick Ellis) filed.
|
Feb. 08, 2013 |
Notice of Filing (Notice of Appearance, Notice of Service of Orange Park Medical Center, Inc.'s First Set of Interrogatories to Brooks Rehabilitation Hospital, and Orange Park Medical Center, Inc.'s First Request for Production of Documents to Brooks Rehabilitation Hospital) filed.
|
Feb. 06, 2013 |
Notice of Appearance (filed by R. Prescott) filed.
|
Feb. 05, 2013 |
Order Granting Extension of Time.
|
Feb. 05, 2013 |
Unopposed Joint Motion for Extension of Time to File Proposed Pre Hearing Order filed.
|
Jan. 30, 2013 |
Order Requesting Proposed Order of Pre-hearing Instructions.
|
Jan. 30, 2013 |
Notice of Hearing (hearing set for June 10 through 13 and 17 through 20, 2013; 9:00 a.m.; Tallahassee, FL).
|
Jan. 28, 2013 |
Settlement Agreement filed.
|
Jan. 25, 2013 |
Joint Response to Initial Order filed.
|
Jan. 17, 2013 |
Initial Order.
|
Jan. 14, 2013 |
Agency action letter filed.
|
Jan. 14, 2013 |
Request for Administrative Hearing filed.
|
Jan. 14, 2013 |
Petition for Formal Administrative Hearing filed.
|
Jan. 14, 2013 |
Notice (of Agency referral) filed.
|
Jan. 14, 2013 |
Brooks Rehabilitation Hospital's First Request for Production of Documents to Orange Park Medical Center filed.
|
Jan. 14, 2013 |
Brooks Rehabilitation Hospital's Notice of Service of First Set of Interrogatories to Orange Park Medical Center filed.
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Orders for Case No: 13-000164CON