STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

HOSPICE OF CITRUS COUNTY, INC. d/b/a HOSPICE OF CITRUS AND THE NATURE COAST,

J'='"1n1. ;i.:-. D

AHCA

AGENCY CLERK

2015 MAY 28 A q: 11

Petitioner , DOAH NO. 14-5120

AHCA NO.: 2014010604

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

HERNANDO-PASCO HOSPICE, INC,

Intervenor.

                                                                                I

FINAL ORDER

THIS CAUSE comes before the Agency for Health Care Administration (" the Agency") concerning the Fixed Need Pool of Hospice Service Area 3D for Second Batching Cycle for Others Beds.

1. On March 11, 2013, Hernando-Pasco Hospice, Inc. ("Hernando") filed a Petition for Formal Administrative Hearing challenging the Agency's initial decision to approve Hospice of Citrus County, Inc. d/b/a Hospice of Citrus and The Nature Coast ("Hospice Citrus"). That matter was the subject of a separate administrative proceeding before the Division of Administrative Hearings ("DOAH")

2. On October 3, the Agency published the fixed need pool indicating a need of zero for hospice programs in Hospice Service Area 3D for the 2014 Second Batching Cycle for Other Beds and Programs. (Ex. A)

   
   

   Page 1 of 3

   Filed June 1, 2015 10:49 AM Division of Administrative Hearings

   
   

3. On October 13, 2014, Hospice Citrus advised the Agency of what it believed to be an error in the calculations.

4. On October 24, 2014, Hospice Citrus filed a Petition for Formal Administrative Proceeding contesting the Agency's published fixed need pool.

5. On April 14, 2015, Hospice Citrus filed a Notice of Voluntary Dismissal.

   
   

6. On April 15, 2015, the DOAH entered an Order Closing File and Relinquishing Jurisdiction.

Based upon the foregoing, it is ORDERED:

1. The Agency's decision regarding the Hospice Service Area 3D for the 2014 Second Batching Cycle for Other Beds and Programs is upheld.

ORDERED in Tallahassee, Florida, on thisd]day of 01 t2.A-( '2015.

h Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek 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 HEREBY CERTIFY that a true and correct copy of the foregoing Final O has

1/ ,

been furnish_; by U.S. Mail or interoffice mail to the persons named below on this/4::: day of /""/d 2015.

7

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

Tallahassee, Florida 32308

(850) 413-3630

John D. C. Newton, II Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

Seann M. Frazier, Esquire Parker Hudson Rainer & Dobbs

215 South Monroe Street, Suite 750

Tallahassee, Florida 32301-1804

Counsel for Hernando-Pasco Hospice, Inc. (U.S. Mail)

Susan L. St. John, Esquire Post Office Box 13545 Tallahassee, Florida 32317

Counsel for Hospice of Citrus and the Nature Coast (U.S. Mail)

Richard Joseph Saliba Assistant General Counsel

Agency for Health Care Administration (Electronic Mail)

Facilities Intake

Agency for Health Care Administration (Electronic Mail)

Page 3 of3

Florida Administrative Register Volume 40, Number 193, October 3, 2014

authorized by the Owner. The District reserves the tight to reject any and all bids, Contract documents for bidding may pe obtained at the office of: ARC/4613 Phillips Highway, Suite 202/ Jacksonville, FL 32207/ (904)399-8946. Contract documents for bidding may be examined at the Duval County Public Schools Aqministration Building located at 1701 Prudential Drive, Jacksonville, FL 32207. Name of A/E Firm: Haddad Engineering, Inc,, 2955 Hartley Road, Suite 205, Jacksonville, FL 32257/relephone (904)262-5066. MBE Participation Goal: 15% overall based on available MBE's, All Contractors submitting bids must. be prequalified with Duval County Public Sc.hools at the time of the bid opening. No bids will be accepted from Contractors who are not prequalified with Duval County Public Schools. Prequalification forms and information may be obtained at. www.duvalschools.org under Pepartments/Facilities/Forms and Standards/General Documents/Contractor Prequalification Procedures. The Bjd Award Recommendation will be posted on the first floor bulletin. board at the Duval County School Board Building, 1701 Prudential Drive, Jacksonville, Florida 32207-8182,

Section XII Miscellaneous

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need.

NOTICE OF PEDIATRIC OPEN HEART SURGERY PRO.GRAMS AND PEDIATRIC CARDIAC CATHETERIZATION PROGRAMS FIXED NEED POOLS

The Agency for Health Care Administration has projected fixed need pools for pediatric open heart surgery programs and

pediatric cardiac catheterization programs for January 2017, pursuant to the provisions of Rules 59C-1.008, 59C-1.032 and 59C-1.033, F.A.C. Letters of intent to apply for Certificates of Need pursuant to this notice must be filed with the Certificate

.ofNeed Program Office, 2727 Mahan Drive, Building.I, Room 321, MS 28, Tallahassee, Florida 32308, on or before 5:00 p.m.,

October 20, 2014,

Any person who identifies an error in the fixed need pool numbers must advise the agency of the error within ten (10) days of publication of the number. If the Agency concurs with the error, the fixed need pool numbers will be adjusted and republished in the first available edition of the Florida Administrative Register. Failure to notify the agency of the error during this ten day time period will result in no adjustment to the fixed need pool number- for this cycle and a waiver of the person's right to raise the error at subsequent proceedings. Any other adjustments will be made in the first cycle ubsequent to identification of the error including those errors identified through administrative hearings or final judicial review.

Any person whose subsumtial interest is. affected by this action and who.timely advised the agency of an error in the action has

a right to request an aclminlstrative hearing pursuant to Section 120.57, Florida Statutes. In order to request a proceeding under Section 120.57, Florida Statutes, your request for an administrative hearing must state with specificity which issues ofmater1al fact or law are in dispute. All requests for hearings shall be made to the Agency for Health Care Administration and must be filed with the agency clerk at 2727 Mahan ]),rive, Building 3, Room 3431, MS 3, Tallahassee, Floricla, 32308, All requests for hearings must be filed with the agency clerk within 21 days of this publication or the right to a hearing is waived.

Pediatric Cardiac Catheterization Programs - Pediatric Open Heart Surgery Programs Net Need

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

NOTICE OF HOSPICE PROGRAM FIXED NEED POOL

The Agency for Health Care Administration has projected a fixed need pool for hospice programs, defined in accordance with Sections 400.601-400.602, Florida Statutes (F.S.) and 408.031-408.045, F.S. Fixed need pool projections are for hospice programs planned for January 2016, pursuant to the provisions of.Rule 59C-1.0355, Florida Administrative Code. Letters of intent to apply for Certificates of Need pursuant to this notice must be filed with the Certificate of Need Program

Office, 2727 Mahan Drive, Building 1, Room 321, MS 28, Tallahassee, Florida 32308, on or before 5:00 p.m,, October 20, · 2014.

Any person who identifies an error in the fixed need pool 11umbers must advise the agency of the error within ten (10) days ofthe publication. lfthe agency concurs with the error, the fixed need pool number will be adjusted and republished in the first available edition of the Florida Administrative Register. Failure to notify the agency of the error during this ten day period waives a person's right to raise the error at subsequent proceedings. Any other adjustments will be made in the first

4343

EXHIBIT A

Florida Administrative Register . Volume 40, Number 193, October 3, 2014

cycle subsequent to identification of the error including those errors identified through administrative hearings or final judicial review.

Any person whose substantial interest is affected by this action and who timely advised the agency ofan error in the action has a right to request an administrative hearing pursuant to Section 120.57, F.S. In order to request a proceeding under Section 120.57, F.S., a request for an administrative hearing must state with specificity which issues of material fact or law are in dispute. All requests for heari.ngs shall be made to the Agency for Health Care Administration an.d must be filed with the agency clerk at 2727 Mahan Drive, Building 3, Room 3431,MS. 3, Tallahassee, Florida 32308. All requests for hearings must be filed wjth·the agency clerk within 21 days of this publication or the right to a hearing is waived.

Hospice Program Net Need

Any person who identifies -an error in the fixed need pool numbers must advise the agency of the error within ten (10) days of publication ofthe·number. If the.agency concurs with the· error, the fixeq need pool number will be adjusted and republished in the first availiwle edition of the Florida Administrative Register. Failure to notify the agency of the error during this ten day time period will result. in no adjustment to the fixed need pool number for this cycle and a waiver of the person's right to raise the error at subsequent proceedings. Any other adjustments will be made in the first cycle subsequent to identification of the error including those errors identified through administrative hearings or final judicial review.

Any person whose substantial interest is affected by this action and who timely advised the agency of any error in the action has a right to request an administrative hearing pursuant to Section 120.57, Florida Statutes, In order to request a

Service Area District 1 Subdistrict 2A Subdistrict 2B Subdistrict 3A S1,1bdistrict 3B Subdistrict 3C Subdistrict 3D Subdistrict 3E Subdistrict 4A Subdistrict 4B

Net Need Service Area

0 Subdistrict 6C

0 Subdistrict 7A

0 Subdistrict 7B

0 Subdistrict 7C

0 Subdistrict 8A

0 Subdistrict 8B

0 Subdistrict 8C

0 Subdistrict 8D

0 Subdistrict 9A

0 Subdistrict 9B

Net Need

0

0

0

0

0

0

0

0

0

0

proceeding under Section 120.57, Florida Statutes, your request for an administrative hearing must state with specificity which issues of material fact or law are in dispute. All requests for hearings shall be made to the Agency for Health Care Administration and must be filed with the agency clerk at 2727 Mahan Drive, Building 3, Room 3431, MS 3, Tallahruisee, Florida 32308. All requests for hearings must be.filed with the agency clerk within 21 days of this publication or the right to a hearing is waiv_ed.

Community Nursing Home Bed Need

Subdistrict SA

1 Subdistrict 9C 0

Bed Need

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate ofNeed

NOTlCE OF FIXED NEED POOLS FOR COMMUNITY NURSING HOME BEDS

The Agency for Health Care Administration has projected a fixi:d bed need pool for community nursing home beds for July

20.17 pursuant to the provisions of Section 408.034(5), Florida Statutes and Rules 59C-l.008 and 59C-l.036, F.A,C, Net bed need projections for community nursing home beds have been adjusted according to occupancy rate. thresholds as prescribed by the above-mentioned rules. Letters of intent to apply for Certificates of Need pursuant to this notice m1.1st be filed wlth the Certificate of Need Program Office, 2727 Mahan Drive Building 1, Room 321, MS 28, Tallahassee, Florida, 32308, o or before 5:00 p.m., October 20, 2014.

District 2

District 3

District 4

Subdistrict 1 56

Subdistrict 2 63

Subdistrict 3 14

Subdistrict 4 86

Subdistrict 5 19

Subdistrict 1 99

Subdistrict 2 227

Subdistrict 3 43

Subdistrict 4 140

Subdistrict S 65

Subdistrict 6 66

Subdistrict 7 205

Subdistrict 1 111

Subdistrict 2 170

Subdistrict 3 167

Subdistrict 4 0

4346

Docket for Case No: 14-005120

Orders for Case No: 14-005120