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GREYSTONE HOSPICE OF DISTRICT 7B, LLC vs HALIFAX HOSPICE, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION, 14-001368CON (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001368CON Visitors: 2
Petitioner: GREYSTONE HOSPICE OF DISTRICT 7B, LLC
Respondent: HALIFAX HOSPICE, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: W. DAVID WATKINS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 24, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 21, 2014.

Latest Update: May 15, 2014
14001368_AFO_05152014_04203007_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


GREYSTONE HOSPICE OF DISTRICT 7B, LLC,


2014 MAY 15 A 9: Sb


Petitioner,


vs. CASE NO. 14-1368CON

AHCA NO. 2014002495

HAUFAX HOSPICE, INC., and STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondents.

                                                                                  !


HAUFAX HOSPICE, INC.,


Petitioner,


vs. CASE NO. 14-1472CON

AHCA NO. 2014003029

GREYSTONE HOSPICE OF DISTRICT 7B, LLC, and

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondents.

                                                                                  !


FINAL ORDER


THIS CAUSE came before the State of Florida, Agency for Health Care Administration ("the Agency") for the issuance of a final order.

  1. On March 10, 2014, Greystone Hospice of District 7B, LLC, ("Greystone") requested a formal administrative hearing to contest the preliminary denial of Certificate of Need ("CON") Application No. 10209, which it submitted to establish a hospice program in the Agency Health Planning Service District 7, Hospice Service Area 7B, and to contest the preliminary approval of Halifax Hospice, Inc.'s ("Halifax") CON Application No. 10210, to


    Filed May 15, 2014 4:20 PM Division of Administrative Hearings

    establish a hospice program in Hospice Service Area 7B.


  2. The matter was referred to the Division of Administrative Hearings ("DOAH") where it was assigned Case No. 14-1368CON.

  3. On April 1, 2014, Halifax requested a formal administrative hearing challenging the co-batched applications and supporting the Agency's preliminary approval of Halifax's CON Application No. 10210, to establish a hospice program in Service Area 7B, and to support the Agency's preliminary denial of the co-batched application filed by Greystone.

  4. The request was referred to DOAH where it was assigned Case No. 14-1472CON.


  5. On April 2, 2014, DOAH issued an Order of Consolidation.


  6. On April 18, 2014, Greystone filed a Notice of Voluntary Dismissal.


    It is therefore ORDERED:


  7. The denial of Greystone's CON Application No. 10209 is upheld.


  8. The approval of Halifax's CON Application No. 10210 is upheld subject to the


conditions noted in the State Agency Action Report.

ORDERED in Tallahassee, Florida, on this _d_ day of      


   -----' 2014.



Secretary

Agency for He h 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 one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as 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 of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.


Page 2 of3

CERTIFICATE OF SERVICE


& ---===

I CERTIFY that a true and correct copy of this Final Order was served on the below- named persons by the method designated on this /4        of                      , 2014.


Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630


W. David Watkins Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)

Lorraine M. Novak, Esquire Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Stephen A. Ecenia, Esquire Rutledge, Ecenia and Purnell, P.A. Post Office Box 551

Tallahassee, Florida 32302-0551 Steve@reuphlaw.com

(Electronic Mail)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301 Sfrazier@phrd.com

(Electronic Mail)

R. David Prescott, Esquire Rutledge, Ecenia and Purnell, P.A. Post Office Box 551

Tallahassee, Florida 32302-0551

David@reuphlaw.com (Electronic Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 285 Peachtree Center Avenue, Suite 1500

Atlanta, Georgia 30303

jrue@phrd.com (Electronic Mail)

Gabriel F.V. Warren, Esquire Rutledge, Ecenia and Purnell, P.A. Post Office Box 551

Tallahassee, Florida 32302-0551 Gabriel@reuphlaw.com

(Electronic Mail)

James McLemore, Supervisor Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)


Page 3 of3


Docket for Case No: 14-001368CON
Issue Date Proceedings
May 15, 2014 Agency Final Order filed.
Apr. 21, 2014 Order Closing File and Relinquishing Jursidiction. CASE CLOSED.
Apr. 18, 2014 Greystone Hospice of District 6B, LLC's Notice of Voluntary Dismissal (filed in Case No. 14-001472CON).
Apr. 17, 2014 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Apr. 15, 2014 Order of Pre-hearing Instructions.
Apr. 14, 2014 (Proposed) Order of Pre-hearing Instructions filed.
Apr. 14, 2014 Joint Notice of Filing Order of Pre-hearing Instructions filed.
Apr. 10, 2014 Halifax Hospice, Inc's Second Request for Production of Documents to Greystone Hospice of District 7B, LLC filed.
Apr. 10, 2014 Notice of Serving Halifax Hospice, Inc.'s Second Interrogatories to Greystone Hospice of District 7B, LLC filed.
Apr. 09, 2014 Order Denying Continuance of Final Hearing.
Apr. 09, 2014 CASE STATUS: Motion Hearing Held.
Apr. 08, 2014 Halifax Hospice, Inc.'s Response in Opposition to Motion for Continuance filed.
Apr. 07, 2014 Order Requesting Order of Pre-hearing Instructions.
Apr. 07, 2014 Notice of Hearing (hearing set for May 20 through 23 and 27 through 29, 2014; 9:30 a.m.; Tallahassee, FL).
Apr. 04, 2014 Greystone Hospice's Motion for Continuance filed.
Apr. 04, 2014 (Joint) Response to Initial Order filed.
Apr. 02, 2014 Order of Consolidation (DOAH Case Nos. 14-1368CON and 14-1472CON).
Apr. 01, 2014 Greystone Hospice's Notice of Service of First Set of Interrogatories to Halifax Hospice, Inc. filed.
Mar. 31, 2014 Halifax Hospice Inc. First Request for Production of Documents to Greystone Hospice of District 7B, LLC filed.
Mar. 31, 2014 Greystone Hospice of District 6B, LLC's First Request for Production of Documents to Halifax Hospice, Inc filed.
Mar. 27, 2014 Notice of Serving Halifax Hospice, Inc.'s First Interrogatories to Greystone Hospice of District 7B, LLC filed.
Mar. 26, 2014 Notice of Appearance (Seann Frazier and Jonathan L. Rue) filed.
Mar. 26, 2014 Notice of Appearance (Seann Frazier) filed.
Mar. 25, 2014 Initial Order.
Mar. 24, 2014 Agency action letter filed.
Mar. 24, 2014 Petition for Formal Administrative Proceeding filed.
Mar. 24, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-001368CON
Issue Date Document Summary
May 15, 2014 Agency Final Order
May 15, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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