STATE OF FLORIDA

AGENCY FOR HEALTHCARE ADMINISTRATION

ORLANDO LUTHERAN TOWERS, INC,

AHCA

AG E:) lC Y Cl.ERK

2015 SEP 17 A If: 58

Petitioner,

vs.

HSP CITRUS, LLC; LP ORLANDO, LLC; ORANGE COUNTY CON, LLC;

ORANGE SNF, LLC; AND PRESBYTERIAN RETIREMENT COMMUNITIES, INC.,

· Respondents.

                                                                     I

DOAH No. 15-1896CON

AHCA No. 2015003343 CON No. 10321P

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary partial approval of Certificate of Need ("CON") 10321P filed by Orlando Lutheran Towers, Inc. ("Orlando Lutheran"), to add 20 community nursing home beds to its existing facility with respect to the fixed need pool for Sub-District 7- 2.

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 Sub-District 7-2. For the case at han the reviews included in relevant part:

   10314	HSP Citrus, LLC	120 Beds	Denied
   10315	LP Orlando, LLC	180 Beds	Approved
   10316	MF Orange, LLC	90 Beds	Denied
   10317	Orange County CON LLC	120 Beds	Denied
   10318	Orange County Development, LLC	120 Beds	Denied
   10319	Orange Park NH LLC ·	120 Beds	Denied
   10320	Orange SNF, LLC	120 Beds	Denied
   10321P	Orlando Lutheran Towers, Inc.	20 Beds	Partial
   10322	Presbyterian Retirement Communities, Inc.	59 Beds	Denied
   10323	Tri-County Nursing & Rehabilitation Center, Inc.	120 Beds	Denied

   
   

   1

   Filed September 24, 2015 12:59 PM Division of Administrative Hearings

2. On February 23, 2015, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary denials of CONs 10314, 10316, 10317, 10318, 10319, 10320, 10322 and 10323 and the preliminary approval of CON 10315 and the partial award of20 beds with regard to CON 10321P.

3. On March 16, 2015, HSP Citrus, LLC, (hereinafter "HSP Citrus") filed a Petition for Hearing1 challenging in part the preliminary approval of CON 1032 lP to Orlando Lutheran.

4. On that same day, Presbyterian Retirement Communities, Inc. d/b/a Westminster Towers (hereinafter "Presbyterian") filed a Petition for Hearing2 challenging in part the preliminary approval of CON 10321P to Orlando Lutheran.

5. On March 27, 2015, Orlando Lutheran filed a Petition Challenging Co-batched Applicants supporting the Agency's decision to approve its CON 10321P to add 20 community nursing home beds to its existing facility in Sub-District 7-2 and the supporting the Agency's decision to deny nursing home beds to CON Nos. 10314, 10316, 10317, 10318, 10319, 10320, 10322 and 10323, as well as challenging the preliminary approval of CON No. 10315.

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

7. On April 16, 2015, HSP Citrus filed a Notice of Partial Voluntary Dismissal as to CON Application 10321P only.

   
   

   1 This Petition for Hearing contained several challenges and is found in AHCA No. 2015002638 and DOAH No. 15-1899. Some challenges in this Petition remain pending at DOAH. As a result, the case style of this Final Order does not reflect this Petition.

   
   

   2 This Petition for Hearing contained several challenges and is found in AHCA No. 2015002604 and DOAH No. 15- 1901. Some challenges in this Petition remain pending at DOAH. As a result, the case style of this Final Order does not reflect this Petition.

8. On July 28, 2015, Orlando Lutheran and Presbyterian filed a Joint Stipulation, Voluntary Dismissal and Motion to Relinquish Jurisdiction. Within the Joint Stipulation, Presbyterian gave notice of its Partial Voluntary Dismissal of its Petition as to the preliminary approval of CON Application No. 10321P filed by Orlando Lutheran, but continues to challenge the Agency's preliminary denial of CON 10322 and the Agency's approval of CON 10315 submitted by LP Orlando. Orlando Lutheran gave notice of withdrawal and Voluntary Dismissal of it Cross-Petition as the approved CON 10321P.

It is therefore ORDERED:

1. The approval of CON 10321P is UPHELD. The Agency shall issue CON 10321P to Orlando Lutheran.

ORDERED in Tallahassee, Florida, on this.&_. day 015.

dek, Secretary

th 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 IZ f

, ;{L.2015.

Ric ar oop, Agency

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

Tallahassee, Florida 32308

(850) 412-3630

R. Bruce Mc.Kibben Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Jay Adams, Esquire Frank P. Rainer, Esquire John Loar, Esquire Broad and Cassel

215 South Monroe Street, Suite 400 (32301) Post Office Box 11900

Tallahassee, Florida 32302 Attorneys for Westminster Towers jadams@broadandcassel.com frainer@broadandcassel.com kdilworth@broadandcassel.com jloar@broadandcassel.com mjnorman@broadandcassel.com (Electronic Mail)

Stephen A. Ecenia, Esquire

J. Stephen Menton, Esquire Gabriel Warren, Esquire

Rutledge, Ecenia and Purnell, P.A. 119 South Monroe Street, Suite 202 Post Office Box 551

Tallahassee, Florida 32302-0551 Attorneys for Orange County Con, LLC

steve@rutledge-ecenia.com smenton@rutledge-ecenia.com gwarren@rutJedge-ecenia.com roxanne@rutledge-ecenia.com (Electronic Mail)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP Suite 750,215 South Monroe Street Tallahassee, Florida 32301

Attorney for Orlando Lutheran Towers, Inc. sfrazier@phrd.com

twd@phrd.com (Electronic Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLC 1500 Marquis Two Tower

285 Peachtree Center Avenue Northeast Atlanta, Georgia 30303

Attorney for Orlando Lutheran Towers, Inc. jrue@phrd.com

(Electronic Mail)

Donna Holshouser Stinson, Esquire Duane Morris, LLP

Suite 3400, 200 South Biscayne Boulevard

Miami, Florida 33131

Attorney for Orange SNF, LLC mamadhs@gmail.com (Electronic Mail)

Jason A. Watson, Esquire Consulate Health Care

Suite 700, 5102 West Laurel Street

Tampa, Florida 33607

Attorney for Orange SNF, LLC jason.a.watson@consulatemgt.com Ramon.Hernandez@consulatemgt.com (Electronic Mail)

Karen Ann Putnal, Esquire Robert A. Weiss, Esquire Moyle Law Firm, P.A.

118 North Gadsden Street Tallahassee, Florida 32301 Attorneys for HSP Citrus, LLC

kputnal@moylelaw.com rweiss@moylelaw.com mqualls@moylelaw.com (Electronic Mail)

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

Agency for Health Care Administration (Electronic Mail)

Janice K. 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 Manager Long Tenn Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 15-001896CON

Orders for Case No: 15-001896CON