STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

CCRC-FREEDOM POINTE AT THE VILLAGES , LLC, d/b/a FREEDOM POINTE AT THE VILLAGES REHABILITATION AND HEALTHCARE CENTER,

2015 SEP 17 A II: 59

Petitioner,

vs.

INNOVATIVE MEDICAL MANAGEMENT SOLUTIONS, LLC, AND STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondents.

                                                                      I

CON APP SUMTER, LLC,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                       I

FOUNTAIN INN NURSING AND REHABILITATION CENTER, INC.,

Cross-Petitioner,

vs.

CON APP SUMTER, LLC,

Cross-Respondent.

                                                                      I

1

Filed September 24, 2015 1:06 PM Division of Administrative Hearings

DOAH No. 15-1968CON

AHCA No. 2015002585

CON No. 10264

DOAH No. 15-1969CON AHCA No. 2015002635

CON No. 10265

DOAHNo. 15-1964CON AHCA No. 2015003326

CON No. 10266

INNOVATIVE MEDICAL MANAGEMENT SOLUTIONS, INC.,

Cross-Petitioner,

vs.

CCRC-FREEDOM POINTE AT THE VILLAGES REHABILITATION AND HEALTHCARE CENTER; CON APP SUMTER, LLC; AND AGENCY FOR HEALTH CARE ADMINISTRATION,

Cross-Respondents.

                                                                      I

DOAH No. 15-l 965CON

AHCA No. 2015003332

CON No. 10267

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") pursuant to relinquishment of each of the consolidated cases referenced above to the Agency for entry of a final order.

1. The pleadings in these cases involved four certificate of need (CON) applicants:

   
   

   1. CON Application No. 10264, filed by CCRC-Freedom Pointe at the Villages, LLC (hereinafter "Freedom Pointe")- preliminarily denied by the Agency

      
      

   2. CON Application No. 10265 filed by CON APP Sumter, LLC (hereinafter "CON APP Sumter") - preliminarily denied by the Agency

      
      

   3. CON Application No. 10266 filed by Fountain Inn Nursing & Rehabilitation Center, Inc. (hereinafter "Fountain Inn") - preliminarily approved by the Agency

      
      

   4. CON Application No. 10267 filed by Innovative Medical Management Solutions, LLC (hereinafter "Innovative") - preliminarily approved by the Agency.1

      
      

2. The above-referenced cases were referred to the Division of Administrative Hearings (hereinafter "DOAH") and consolidated. The following constitutes a summary of the

   1 An application regarding CON Application No. 10268 was by Wesley Village SNF Operations, LLC, which was preliminarily denied by the Agency. Wesley did not file a petition challenging the denial of its application.

   relief requested within each petition:

   
   

   1. Freedom Pointe challenged the denial of its application (CON 10264) and the approval oflnnovative's application (CON 10267).

      
      

   2. CON APP Sumter challenged the denial of its application (CON 10265) and the approval of both Fountain Inn's application (CON 10266) and Innovative's application (CON 10267).

      
      

   3. Fountain Inn filed a cross-petition supporting the denial of the CON APP Sumter's application (CON 10265).

      
      

   4. Innovative filed a cross-petition supporting the denial of Freedom Pointe's application (CON 10264) and supporting the denial of CON APP Sumter's application (CON 10265).

   
   

3. On July 29, 2015, CON APP Sumter filed a Notice of Voluntary Dismissal of its petition, resulting in a dismissal of its challenge to the denial of its application (CON 10265) and the approval of Fountain Inn's application (CON 10266).

4. The DOAH closed this part of the case and relinquished jurisdiction to the Agency for entry of an order denying CON APP Sumter's application (CON 10265) and approving Fountain Inn's application (CON 10266). CON APP Sumter was also removed as party with respect to the approval of Innovative's application.

5. On September 1, 2015, Freedom Pointe filed an Amended Notice of Voluntary Dismissal of its petition, resulting in a dismissal of its challenge to the denial of its application (CON 10264) and the approval of Innovative's application (CON 10267). With this dismissal, there were no remaining challenges to the approval of Innovative's application.

IT IS ORDERED

1. The Agency action denying CON Application No. 10264, filed by CCRC-Freedom Pointe at the Villages, LLC is UPHELD.

2. The Agency action denying CON Application No. 10265 filed by CON APP Sumter, LLC, is UPHELD.

3. The Agency action approving CON Application No. 10266 is UPHELD and Certificate of Need 10266 shall be issued to Fountain Inn Nursing & Rehabilitation Center, Inc.

4. The Agency action approving CON Application No. 10267 is UPHELD and

Certificate of Need 10267 shall be issued to Innovative Medical Management Solutions, LLC. ORDERED in Tallahassee, Florida, on this     /uz_ day of     015.

El

Agency 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 l7' day of

<                    ...                                ,,2015.

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

Tallahassee, Florida 32308

(850) 412-3630

Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings (Via E-File)

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

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

Tallahassee, Florida 32302

Attorneys for CON APP SUMTER, LLC jadams@,broadandcassel.com frainer@broadandcassel.com kdilworth@broadandcassel.com

(Via Electronic Mail)

Stephen K. Boone, Esquire

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

Post Office Box 1596 Venice, Florida 34284

Attorney for Fountain Inn Nursing And Rehabilitation Center, Inc. sboone@boone-law.com

PWilliamson@boone-law.com (Via Electronic Mail)

Stephen C. Emmanuel, Esquire Eugene Dylan Rivers, Esquire Ausley & McMullen

227 South Calhoun Street Tallahassee, Florida 32302

Attorneys for Innovative Medical Management Solutions, LLC semmanuel@ausley.com

drivers@ausley.com jmcvaney@ausley.com (Via Electronic Mail)

John M. Lockwood, Esquire Kala Kelly, Esquire

The Lockwood Law Firm

106 East College Avenue, Suite 810

Tallahassee, Florida 32301

Attorneys for Freedom Pointe at the Villages Rehabilitation & Healthcare Center john@lockwoodlawfirm.com

kala@lockwoodlawfirm.com (Via Electronic Mail)

Richard Joseph Saliba, Esquire Logan A. White, Esquire Assistants General Counsel Office of the General Counsel

Agency for Health Care Administration (Via Electronic Mail)

Janice K. Mills Government Analyst II Facilities Intake Unit

Agency for Health Care Administration (Via Electronic Mail)

Marisol M. Fitch Unit Manager

Certificate of Need Unit

Agency for Health Care Administration (Via Electronic Mail)

Bernard Hudson Unit Manager

Long Term Care Unit

Agency for Health Care Administration (Via Electronic Mail)

Docket for Case No: 15-001964CON

Orders for Case No: 15-001964CON