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CCRC-FREEDOM POINTE AT THE VILLAGES, LLC, D/B/A FREEDOM POINTE AT THE VILLAGES REHABILITATION AND HEALTHCARE CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 16-004572CON (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004572CON Visitors: 117
Petitioner: CCRC-FREEDOM POINTE AT THE VILLAGES, LLC, D/B/A FREEDOM POINTE AT THE VILLAGES REHABILITATION AND HEALTHCARE CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 12, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 31, 2016.

Latest Update: Sep. 13, 2016
16004572_282_09132016_16200128_e

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,

FILED

AHCA

AGENCY CLERK

, 211& SEP -q A q: 02



vs.

Petitio ner ,

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

16-4572CON

2016002622

10402


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/


FINAL ORDER


THIS CAUSE came before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary denial of Certificate of Need ("CON") 10402 filed by CCRC-Freedom Poi nte At The Villages, LLC, d/b/a Freedom Pointe At The Villages Rehabilitation And Healthcare Center ("Freedom Pointe " ), to add 50 community nursing home beds through the conversion of 50 sheltered nursing home beds and a partial request to add 16 community nursing home beds through the conversion of I 6 sheltered nursing home beds to Suh­ District 3-7.

I. On February 19 , 2016, the Agency preliminarily denied CON 10402.


  1. On March 1 1 , 20 I 6, Freedom Point filed a Petition for Formal Administrative Hearing to contest the denial of CON I 0402.

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

  3. On August 30, 2016, Freedom Pointe filed a Notice of Voluntary Dismissal dismissing its challenge to the denial of CON I 0402.


    Filed September 13, 2016 4:20 PM Division of Administrative Hearings

  4. Thereafter, the AU entered an Order Closing File and Relinquishing Jurisdiction.


It is therefore ORDERED:


1. The denial of CON 10402 is UPHELD.

ORDERED in Tallahassee, Florida, on this        £_ day of                       2016.


Eli

Agenc Care Administration


NOTICE OF RIGHT TO JUD


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 - -- day of




Richard J. Shoop, Agency Clerk 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)

John Lockwood. Esquire Kala Shankle. Esquire Thomas Morton, Esquire

I 06 East College Avenue, Suite 810 Tallahassee. Florida 32301 john(mlockwoodlav,1rirm.com

kala(<:c locbvoodlawfirm.corn tj(ii' lock \voodlawfinn .com danielle lockwondlawfinn.com

Attorney:,, for CCRC-Freedom Pointe At The Villages, LLC d/b/a Freedom Pointe At The Villages Rehabilitation And Healthcare Center


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 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: 16-004572CON
Issue Date Proceedings
Sep. 13, 2016 Agency Final Order filed.
Aug. 31, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 30, 2016 CCRC-Freedom Pointe at the Villages, LLC's Notice of Voluntary Dismissal filed.
Aug. 25, 2016 Amended Notice of Hearing (hearing set for November 28 through December 2, 2016; 9:00 a.m.; Tallahassee, FL; amended as to ).
Aug. 25, 2016 Notice of Hearing (hearing set for November 28 through December 2, 2016; 9:00 a.m.; Tallahassee, FL).
Aug. 25, 2016 Order of Pre-hearing Instructions.
Aug. 24, 2016 CASE STATUS: Pre-Hearing Conference Held.
Aug. 22, 2016 Notice of Telephonic Status Conference (status conference set for August 24, 2016; 2:00 p.m.).
Aug. 15, 2016 Initial Order.
Aug. 12, 2016 CCRC-Freedom Pointe at the Villages, LLC's Petition for Formal Administrative Hearing filed.
Aug. 12, 2016 Decisions on Batched Applications filed.
Aug. 12, 2016 Notice (of Agency referral) filed.

Orders for Case No: 16-004572CON
Issue Date Document Summary
Sep. 09, 2016 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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