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AHCA

STATE OF FLORIDA AGENCY CLERK

AGENCY FOR HEALTH CARE ADMINISTRATION

HILLSBOROUGH COUNTY CON, LLC,

Petitioner,

V.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and HILLSBOROUGH SNF, LLC,

2015 JUN I b P 12= 25

DOAH No. 15-1832CON AHCA No. 2015002633

CON Nos. 10289

10291

Respondents.

                                                                         I

SUN CITY CENTER ASSOCIATES,

LTD (L.P.), d/b/a SUN TERRACE HEALTH CARE CENTER,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and HILLSBOROUGH SNF, LLC,

Respondents.

                                                                          I

HILLSBOROUGH SNF, LLC,

Cross-Petitioner,

V.

DOAH No. 15-1833CON

AHCA No. 2015002593

CON No. 10291

DOAH No. 15-1834CON AHCA No. 2015003228

HILLSBOROUGH COUNTY CON, LLC,

Cross-Respondent.

                                                                                           I

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration

1

Filed June 16, 2015 2:23 PM Division of Administrative Hearings

(''the Agency") concerning the preliminary denial of Certificate of Need ("CON") 10289 filed by Hillsborough County CON, LLC to establish a new 110-bed community nursing home and the preliminary approval of CON 10291 filed by Hillsborough SNF, LLC, to establish a new 110- bed community nursing home, with respect to the fixed-need pool for District 6.

1. The Agency comparatively reviewed CON applications for other beds and programs batching cycle with an application due date of November 19, 2014, for the fixed need pool for District 6. For the case at hand, the reviews included in relevant part:

   10289

   10291

   Hillsborough County CON, LLC Hillsborough SNF, LLC,

   110 Beds

   110 Beds

   Denied Approved

   
   

2. On February 23, 2015, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary denial of CON 10289 and the preliminary approval of CON 10291.

3. On March 16, 2015, Hillsborough County CON, LLC, filed a Petition for Formal Hearing challenging the denial of its CON 10289 and challenging the approval of CON 10291 to Hillsborough SNF, LLC.

4. On March 16, 2015, Sun City Center Associates, Ltd. (L.P.) d/b/a Sun Terrace Health Care Center, filed a Petition for Formal Hearing challenging the approval of CON 10291 to Hillsborough SNF, LLC.

5. On March 27, 2015, Hillsborough SNF, LLC, filed a Cross-Petition supporting the approval of its CON 10291 and supporting the denial of CON 10289 filed by Hillsborough County CON, LLC.

6. The Agency referred the Petitions to the Division of Administrative Hearings and an Administrative Law Judge ("ALJ") was assigned.

7. On May 28, 2015, Sun City Center Associates, LTD (L.P.) d/b/a Sun Terrace

   Health Care Center, filed a Notice of Voluntary Dismissal voluntarily dismissing its Petition for Formal Hearing.

8. On June 2, 2015, Hillsborough County CON, LLC, filed a Notice of Voluntary Dismissal voluntarily dismissing its Petition for Formal Hearing.

9. On June 2, 2015, Hillsborough SNF, LLC, filed a Notice of Voluntary Dismissal voluntarily dismissing its Cross-Petition.

10. On June 4, 2015, the ALJ entered an Order Closing Files and Relinquishing Jurisdiction to the Agency.

It is therefore ORDERED:

1. The denial of CON 10289 is UPHELD.

2. The approval of CON 10291 is UPHELD. The Agency shall issue CON 10291 to Hillsborough SNF, LLC.

ORDERED in Tallahassee, Florida, on this _..i'J2_ day of d   , 2015.

ek, Secretary

Agency for H 1th 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 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 of 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 been furnished by the method designated to the persons named below on this /6"'  

=- ,2015.

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

John D. C. Newton, II Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Jay Adams, Esquire Frank Rainer, Esquire Broad and Cassel

215 South Monroe Street, Suite 400

Tallahassee, FL 32301-1804

Attorneys for Hillsborough County CON, LLC jadams@broadandcassel.com frainer@broadandcassel.com kdilworth@broadandcassel.com

(Electronic Mail)

Seann M. Frazier, Esquire

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

Tallahassee, Florida 32301

Attorney for Sun Terrace Health Care Center, Ltd. sfrazier@phrd.com

twd@phrd.com (Electronic Mail)

Jason A. Watson, Esquire Consulate Health Care Office of Corporate Counsel

5102 West Laurel Street, Suite700 Tampa, Florida 33607-3854

Attorney for Hillsborough SNF, LLC Jason.A.Watson@consulatemgt.com Ramon.Hernandez@consulatemgt.com (Electronic Mail)

Donna Holshouser Stinson, Esquire 1507 Old Fort Drive

Tallahassee, Florida 32301

Attorney for Hillsborough SNF, LLC mamadhs@gmail.com

(Electronic Mail)

Richard Joseph Saliba, Assistant General Counsel Kevin Michael Marker, Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice Mills, Government Analyst II Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Marisol M. Fitch, Unit Manager Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)

Bernard Hudson, Unit Manger Long Term Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 15-001832CON

Orders for Case No: 15-001832CON