Petitioner: NORTH FLORIDA REGIONAL MEDICAL CENTER, INC., D/B/A NORTH FLORIDA REGIONAL MEDICAL CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELIZABETH W. MCARTHUR
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, July 19, 2013.
Latest Update: Nov. 04, 2013
13000165AFO
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
NORTH FLORIDA REGIONAL MEDICAL CENTER, INC.,
ZOIJ NOV - I P 12: 20 ·
Petiti oner,
V.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADM INIST RATION,
DOAH No. 13-0 l 65CON AHCA No. 2013000328
CON No. 10158
Respondent.
/
SHANDS TEACHING HOSPITAL AND CLIN ICS, IN C., d/b/a SHANDS REHAB HOSPITAL,
Petitioner,
V.
STATE OF FLORIDA , AGENCY FOR HEALTH CARE ADMIN ISTRATION, and NORTH FLORIDA REGIONAL MEDICAL CENTER, IN C.,
DOAH No. 13-0161CON AHCA No . 2013000314
CON 10158
Res pondents.
/
FINAL ORDER
THIS CAUSE comes before the State of Florida, Agency for Health Care Adm i nist ration, (" the Agency ") regarding certificate of need ("CON") application number 10158 filed by North Florida Regional Medical Center, Inc. ("NFRMC").
NFRMC filed a CON application which sought the establishment of a 24-bed comprehensive medical rehabilitation unit within its hospital located in Alachua County, Florida, Service District 3. The Agency denied NFRMC's CON application 10158.
Filed November 4, 2013 11:11 AM Division of Administrative Hearings
NFRMC filed a petition for formal hearing challenging the Agency's denial of CON application number 10158.
Shands Teaching Hospital and Clinics, Inc. d/b/a Shands Rehab Hospital, filed a petition for formal hearing in support of the Agency's denial of NFRMC's CON application 10158.
NFRMC has since voluntarily dismissed its petition for formal hearing.
Based upon the voluntary dismissal, the Division of Administrative Hearings entered an Order Closing Files and Relinquishing Jurisdiction in the above styled matter.
IT IS THEREFORE ORDERED:
lhe denial ofNFRMC's CON application 10158 is UPHELD.
ORDERED in Tallahassee, Florida on this day of
C,2013.
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 Al-IC/\, 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
·-j.
been furnished by lJ .S. Mail or electronic mail to the persons named below on this / St:-day
2
, 2013.
Richard J. Shoop, Agency Cler
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) |
Elizabeth W. McArthur Administrative Law Judge Division of Administrative Hearings (Electronic Mail) ----·---- , ----- -- | Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration _ (Electronic Mail) ------------ ------------ |
Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge Ecenia, P.A. 119 South Monroe Street, Suite 202 Tallahassee, Florida 32302 Counsel for NFRMC (U.S. Mail) | F. Philip Blank, Esquire Blank & Meehan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Counsel for Shands Rehab Hospital (U.S. Mail) |
3
Docket for Case No: 13-000165CON
Issue Date |
Proceedings |
Nov. 04, 2013 |
Agency Final Order filed.
|
Nov. 04, 2013 |
Agency Final Order filed.
|
Jul. 19, 2013 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 18, 2013 |
Certification of Compliance with Protective Order filed.
|
Jul. 18, 2013 |
Notice of Voluntary Dismissal filed.
|
Jul. 08, 2013 |
Shands Rehab Hospital's Response to North Florida Regional Medical Center's Second Request for Production of Documents filed.
|
Jul. 03, 2013 |
Notice of Taking Depositions (of A. Weber and W. Blake, M.D.) filed.
|
Jul. 03, 2013 |
Notice of Taking Deposition (of B. Bianchi) filed.
|
Jun. 21, 2013 |
Notice of Taking Depositions (of M. Richardson and R. Knapp) filed.
|
Jun. 21, 2013 |
Notice of Taking Depositions (of W. Murphy, M. Faircloth, and S. Questell) filed.
|
Jun. 21, 2013 |
North Florida Regional Medical Center, Inc.'s Supplemental Responses to Shands Teaching Hospital and Clinics, Inc.'s First Request for Production of Documents filed.
|
Jun. 21, 2013 |
Notice of Service of Supplemental Answer to Shands Rehab Hospital's Interrogatory #3 filed.
|
Jun. 20, 2013 |
Shands' Notice of Adding Corresponding Expert to Final Witness List filed.
|
Jun. 18, 2013 |
Amended Notice of Taking Depositions (of S. Gordon-Girvin and D. Weiner) filed.
|
Jun. 17, 2013 |
Amended Notice of Taking Depositions (of R. Brown, P. Browne, L. Mayes, and V. Muse) filed.
|
Jun. 14, 2013 |
North Florida Regional Medical Center's Second Request for Production of Documents to Shands Rehab Hospital filed.
|
Jun. 14, 2013 |
Notice of Taking Depositions (of R. Brown, P. Brown, L. Mayes, V. Muse, and W. Blake) filed.
|
Jun. 10, 2013 |
Shands' Final Witness List filed.
|
Jun. 10, 2013 |
North Florida Regional Medical Center, Inc's Final Witness List filed.
|
Jun. 10, 2013 |
Notice of Taking Depositions (of K. Overstreet and W. Boston) filed.
|
Jun. 10, 2013 |
Notice of Taking Depositions (of K. Overstreet and R. Slaton; filed in Case No. 13-000165CON).
|
Jun. 04, 2013 |
Stipulation filed.
|
May 31, 2013 |
Order on Shands` Motion to Compel Production of Documents and Answers to Interrogatories from North Florida Regional Medical Center.
|
May 29, 2013 |
Shands' Notice of Production from Non-party filed.
|
May 24, 2013 |
Shands' Notice of Withdrawal of Notice of Production from Nonparty filed.
|
May 23, 2013 |
North Florida Regional Medical Center's Objection to Shands' Notice of Production from Non-party filed.
|
May 21, 2013 |
North Florida Regional Medical Center's Response in Opposition to Shands' Motion to Compel Production of Documents and Answers to Interrogatories filed.
|
May 21, 2013 |
Order Denying Shands` Motion for Entry of Confidentiality Order.
|
May 21, 2013 |
Shands' Request for Oral Argument filed.
|
May 21, 2013 |
North Florida Regional Medical Center's Response in Opposition to Shands' Motion for Entry of Confidentiality Order filed.
|
May 20, 2013 |
North Florida Regional Medical Center, Inc.'s Preliminary Witness List filed.
|
May 20, 2013 |
Shands' Preliminary Witness List filed.
|
May 17, 2013 |
Shands' Notice of Production from Non-party filed.
|
May 15, 2013 |
Shands' Notice of Conference with Counsel Regarding Motion to Compel Production of Documents and Answers to Interrogatories from North Florida Regional Medical Center filed.
|
May 13, 2013 |
Shands' Notice of Production from Non-Party filed.
|
May 13, 2013 |
Shands' Motion for Entry of Confidentiality Order filed.
|
May 13, 2013 |
Shands' Motion to Compel Production of Documents and Answers to Interrogatories from North Florida Regional Medical Center filed.
|
May 10, 2013 |
Protective Order Regarding Shands` Confidential Documents.
|
May 09, 2013 |
Motion for Entry of Protective Order filed.
|
May 08, 2013 |
Notice of Taking Depositions (of S. Gordon-Girvin and D. Weiner) filed.
|
Apr. 26, 2013 |
The Agency for Health Care Administration's Peliminary and Final Witness List filed.
|
Apr. 23, 2013 |
Shands Rehab Hospital's Response to North Florida Regional Medical Center's First Request for Production of Documents filed.
|
Apr. 09, 2013 |
Notice of Service of Shands Rehab Hospital's Answers to North Florida Regional Medical Center, Inc.'s First Set of Interrogatories filed.
|
Mar. 12, 2013 |
Notice of Service of Answers and Objections to Shands Rehab Hospital's Interrogatories filed.
|
Mar. 12, 2013 |
North Florida Regional Medical Center, Inc.'s Responses to Shands Teaching Hospital and Clinics, Inc.'s First Request for Production of Documents filed.
|
Feb. 27, 2013 |
Order of Final Pre-hearing Instructions.
|
Feb. 27, 2013 |
Notice of Filing Proposed Order of Pre-hearing Instructions filed.
|
Feb. 08, 2013 |
North Florida Regional Medical Center's First Request for Production of Documents to Shands Rehab Hospital filed.
|
Feb. 08, 2013 |
Notice of Service of First Interrogatories to Shands Rehab Hospital filed.
|
Feb. 07, 2013 |
Order Requesting Proposed Order of Pre-hearing Instructions.
|
Feb. 07, 2013 |
Notice of Hearing (hearing set for July 29 through August 2, 5, and 6, 2013; 9:30 a.m.; Tallahassee, FL).
|
Feb. 06, 2013 |
Joint Response to Initial Order filed.
|
Jan. 29, 2013 |
Notice of Service of Shands Teaching Hospital and Clinics, Inc. d/b/a Shands Rehab Hospital's First Set of Interrogatories to North Florida Regional Medical Center, Inc filed.
|
Jan. 29, 2013 |
Shands Teaching Hospital and Clinics, Inc. d/b/a Shands Rehab Hospital's First Request for Production of Documents to North Florida Regional Medical Center, Inc filed.
|
Jan. 29, 2013 |
Order Granting Extension of Time.
|
Jan. 28, 2013 |
Unopposed Motion for Extension of Time to File Response to Initial Order filed.
|
Jan. 23, 2013 |
Order of Consolidation (DOAH Case Nos. 13-0161CON, and 13-0165CON).
|
Jan. 17, 2013 |
Initial Order.
|
Jan. 14, 2013 |
Agency action letter filed.
|
Jan. 14, 2013 |
Petition for Formal Administrative Proceeding filed.
|
Jan. 14, 2013 |
Notice (of Agency referral) filed.
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Orders for Case No: 13-000165CON