STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

TRI-COUNTY NURSING AND REHABILITATION CENTER, INC.,

2015 OCT I S P 2: 33

Cross-Petitioner,

vs.

OSCEOLA CON, LLC,

Cross-Respondent.

                                                                         I

OSCEOLA CON, LLC,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and TRI-COUNTY NURSING AND REHABILITATION CENTER, INC.,

Respondent.

./

DOAH No. 15-1921CON

AHCA No. 2015003346

CON No. 10326

DOAH No. 15-1923CON AHCA No. 2015002640

CON Nos. 10326

10328

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary approval of Certificate of Need ("CON") 10328 filed by Tri-County Nursing and Rehabilitation Center, Inc. ("Tri-County") to establish a new 120-bed community nursing home, and the preliminary denial of CON 10326 filed by Osceola CON, LLC ("Osceola"), to establish a new 120-bed community nursing home, with respect to the fixed need pool for Sub-District 7-3.

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 7-3. For the case at hand, the reviews included in relevant part:

   
   

   Filed October 26, 2015 10:10 AM Division of Administrative Hearings

   10324	7-3 CON LLC	120 Beds	Denied
   10325	Kissimmee HRC, LLC	130 Beds	Denied
   10326	Osceola CON, LLC	120 Beds	Denied
   10327	Osceola Springs NH, LLC	130 Beds	Denied
   10328	Tri-County Nursing & Rehabilitation Center, Inc.	120 Beds	Approved

   
   

2. On February 23, 2015, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary approval of CON 10328 and denials of CON Nos. 10324, 10325, 10326 and 10327.

3. On March 16, 2015, Osceola filed a Petition for Formal Administrative Hearing contesting the denial of its CON 10326 and the approval of Tri-County's CON 10328.

4. On March 25, 2015, Tri-County filed a Petition Challenging Co-Batched Applicants and Assertion of Right to a 60-Day Hearing challenging all co-batched applicants.

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

6. On May 6, 2015, the ALJ entered an Order of Consolidation consolidating DOAH Case 15-1921CON and DOAH Case 15-1923CON.

7. On July 29, 2015, Osceola filed a Notice of Voluntary Dismissal voluntarily dismissing and withdrawing its petition for hearing with prejudice.

8. July 29, 2015, Tri-County filed a Motion to Remand stating that Tri-County is the approved applicant and that the only party that challenged its approval was Osceola. Given that Osceola dismissed its petition for hearing with prejudice, there were no remaining challenges to Tri-County's CON.

9. On July 30, 2015, the ALJ entered an Order Closing Files and Relinquishing Jurisdiction.

It is therefore ORDERED:

1. The denial of Osceola's CON 10326 is UPHELD.

2. The approval of Tri-County's CON 10328 is UPHELD. The Agency shall issue

CON 10328 to Tri-County Nursing & Rehabilitation Center, Inc.

ORDERED in Tallahassee, Florida, on this /2 day of                         '2..(_, 2015.

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

  -:::c-:--

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 /Y day of

, 2015.

Richard J. Shoop, Agency

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

Tallahassee, Florida 32308

(850) 412-3630

The Honorable Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Stephen K. Boone, Esquire

Boone, Boone, Boone, and Koda, P.A. 1001 Avenida Del Circo

Post Office Box 1596 Venice, Florida 34284

Attorney for Tri-County Nursing and Rehabilitation Center, Inc. sboone@boone-law.com

PWilliamson@boone-law.com (Electronic Filing)

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

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301 Attorneys for Osceola CON, LLC jadams@broadandcassel.com frainer@broadandcassel.com kdilworth@broadandcassel.com (Electronic Mail)

Richard Joseph Saliba, Esquire Logan A. White, Esquire Assistants 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 Term Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 15-001921CON

Orders for Case No: 15-001921CON