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LIFESTREAM BEHAVIORAL CENTER, INC. vs LEESBURG REGIONAL MEDICAL CENTER, INC., D/B/A LEESBURG REGIONAL MEDICAL CENTER, NORTH AND AGENCY FOR HEALTH CARE ADMINISTRATION, 16-003851CON (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003851CON Visitors: 16
Petitioner: LIFESTREAM BEHAVIORAL CENTER, INC.
Respondent: LEESBURG REGIONAL MEDICAL CENTER, INC., D/B/A LEESBURG REGIONAL MEDICAL CENTER, NORTH AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: R. BRUCE MCKIBBEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 25, 2016.

Latest Update: Jan. 24, 2017
16003851_282_01242017_13592980_e

STATE OF FLORIDA FILED

AGENCY FOR HEALTH CARE ADMINISTRATION /\HCA

AGE NCY CLERK

LIFESTREAM BERAVIORAL CENTER, INC., 2017 JAN I 8 A 9: 27


vs.

Petitioner,

DOAH CASE NO.: AHCA CASE NO.: CON NO.:

16-3851CON

2016007206

10425


LEESBURG REGIONAL MEDICAL CENTER, INC., d/b/a LEESBURG REGIONAL MEDICAL CENTER, NORTH and STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRA TION,


Respondents.

                                                                                I


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") 10425 filed by Leesburg Regional Medical Center ("Leesburg"), to convert a Class III rehabilitation hospital to a Class III adult psychiatric hospital of up to 21 beds, with respect to 3-7.

  1. On June 6, 2016, the Agency published notice in the Florida Administrative Register of its decision regarding the preliminary approval of CON 10425.

  2. On June 27, 2016, LifeStream Behavioral Center, Inc. ("LifeStream") filed a Petition for Formal Hearing contesting Agency's preliminary approval of CON 10425 filed by Leesburg.

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

  4. On October 24, 2016, LifeStream filed a Notice of Voluntary Dismissal with Prejudice with prejudice of its Petition


    Filed January 24, 2017 1:59 PM Division of Administrative Hearings

  5. On October 25, 2016, the DOAH entered an Order Closing File and Relinquishing Jurisdiction.

It is therefore ORDERED:


I. The approval of CON 10425 is UPHELD. The Agency shall issue CON 10425 to


Leesburg Regional Medical Center.

ORDERED in Tallahassee, Florida, on this Jl day of ---a-=


'2011.





rim Secretary

are 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 / f                        



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

Tallahassee, Florida 32308

(850) 412-3630

Copies Furnished To:


R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)


Steven A. Grigas, Esquire Martin R. Dix, Esquire Akerman, LLP

Suite 1200, 106 East College Avenue

Tallahassee, Florida 32301 steven.grigas@akerman.com martin.dix@akerman.com terri.jay@akerman.com pam.deruyter@akerman.com


Susan St. John, Esquire St. John Law Firm, P.L. Post Office Box 13545

Tallahassee, Florida 32317-3545 sinjinjd@me.com


Stephen Emmanuel, Esquire Michael Glazer, Esquire Ausley and McMullen

123 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32301 semmanuel@ausley.com mglazer@ausley.com


Richard Joseph Saliba, Assistant General Counsel Kevin Michael Marker, Assistant General Counsel Lindsey L. Miller, 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 Term Care Unit

Agency for Health Care Administration (Electronic Mail)


Docket for Case No: 16-003851CON
Issue Date Proceedings
Jan. 24, 2017 Agency Final Order filed.
Oct. 25, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 24, 2016 Notice of Voluntary Dismissal with Prejudice filed.
Oct. 07, 2016 Notice of Appearance (Miller Lindsey) filed.
Oct. 05, 2016 Notice of Service of Leesburg Regional Medical Center, Inc.'s Second Set of Interrogatories to Lifestream Behavioral Center, Inc., filed.
Oct. 05, 2016 Leesburg Regional Medical Center, Inc. d/b/a Leesburg Regional Medical Center-North's First Request for Admissions to Lifestream Behavioral Center, Inc., filed.
Oct. 03, 2016 Notice of Appearance (Martin Dix) filed.
Oct. 03, 2016 Lifestream Behavioral Center's Final Witness List filed.
Sep. 30, 2016 Leesburg Regional Medical Center, Inc., d/b/a Leesburg Regional Medical Center-North's Final Witness List filed.
Sep. 30, 2016 Leesburg Regional Medical Center, Inc., d/b/a Leesburg Regional Medical Center-North's Notice of Service of Answers and Objections to Lifestream's First Set of Interrogatories filed.
Sep. 30, 2016 Leesburg Regional Medical Center, Inc., d/b/a Leesburg Regional Medical Center-North's Responses to Lifestream Behavioral Center, Inc.'s First Request for Admissions filed.
Sep. 30, 2016 Leesburg Regional Medical Center, Inc., d/b/a Leesburg Regional Medical Center-North's Responses and Objections to Lifestream's First Request for Production filed.
Sep. 12, 2016 Amended Notice of Appearance (Michael Glazer) filed.
Sep. 12, 2016 Amended Notice of Appearance (Stephen Emmanuel) filed.
Sep. 12, 2016 Notice of Appearance (Michael Glazer) filed.
Sep. 12, 2016 Notice of Appearance (Stephen Emmanuel) filed.
Sep. 09, 2016 Leesburg Regional Medical Center, Inc., d/b/a Leesburg Regional Medical Center-North's Preliminary Witness List filed.
Sep. 09, 2016 Lifestream Behavioral Center's Preliminary Witness List filed.
Aug. 31, 2016 Lifestream Behavioral Center, Inc.'s Notice of Service of Response to Respondent's First Set Interrogatories to Petitioner filed.
Aug. 31, 2016 Lifestream's Responses to Leesburg's First Request for Production filed.
Aug. 24, 2016 Order of Pre-hearing Instructions.
Aug. 19, 2016 Notice of Filing Joint Proposed Order of Prehearing Instructions filed.
Aug. 17, 2016 Lifestream Behavioral Center, Inc.'s First Request for Production of Documents to Petitioner, Leesburg Regional Medical Center filed.
Aug. 17, 2016 Lifestream Behavioral Center, Inc.'s First Request for Admissions to Petitioner, Leesburg Regional Medical Center filed.
Aug. 17, 2016 Lifestream Behavioral Center, Inc.'s Notice of Serving First Set of Interrogatories to Petitioner, Leesburg Regional Medical Center filed.
Aug. 17, 2016 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Aug. 01, 2016 Notice of Service of Leesburg Regional Medical Center, Inc.'s, First Set of Interrogatories to Lifestream Behavioral Center, Inc., filed.
Aug. 01, 2016 Leesburg Regional Medical Center, Inc.'s First Request for Production of Documents to LifeStream Behavioral Center, Inc., filed.
Jul. 22, 2016 Notice of Hearing (hearing set for January 17 through 20 and 23 through 25, 2017; 9:00 a.m.; Tallahassee, FL).
Jul. 22, 2016 Order Requesting Proposed Order of Pre-hearing Instructions.
Jul. 22, 2016 Joint Response to Initial Order filed.
Jul. 15, 2016 Motion for Extension of Time to Respond to Initial Order filed.
Jul. 08, 2016 Notice of Appearance (Susan St. John) filed.
Jul. 08, 2016 Initial Order.
Jul. 07, 2016 Decision on Batched Applications filed.
Jul. 07, 2016 Petition for Formal Administrative Hearing filed.
Jul. 07, 2016 Notice (of agency referral) filed.

Orders for Case No: 16-003851CON
Issue Date Document Summary
Jan. 18, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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