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NORTH FLORIDA REGIONAL MEDICAL CENTER, INC., D/B/A NORTH FLORIDA REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 13-000165CON (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000165CON Visitors: 11
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").

  1. 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

  2. NFRMC filed a petition for formal hearing challenging the Agency's denial of CON application number 10158.

  3. 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.

  4. NFRMC has since voluntarily dismissed its petition for formal hearing.


  5. 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:


  6. 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.

Orders for Case No: 13-000165CON
Issue Date Document Summary
Nov. 01, 2013 Agency Final Order
Nov. 01, 2013 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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