STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

PRUITTHEALTH HOSPICE - WEST FLORIDA, LLC,

2017 JAN 18 A 9: 28

and

Petitioner,

DOAH CASE NO.: 16-5496CON AHCA CASE NO.: 2016010703 CON NO.: 10437

COVENANT HOSPICE, INC.,

Intervenor,

vs.

VITAS HEALTHCARE CORPORATION OF FLORIDA and STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

                                                                                              I

VITAS HEALTHCARE CORPORATION OF FLORIDA,

vs.

Petitioner,

DOAH CASE NO.: 16-5627CON AHCA CASE NO.: 2016011176 CON NO.: 10440

PRUITTHEALTH HOSPICE - WEST FLORIDA, LLC, AND STATE OF FLORIDA,

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondents,

and

COVENANT HOSPICE, INC.,

Intervenor.

                                                                                              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") 10440 filed by

Vitas Healthcare Corporation of Florida ("VITAS") to establish a new hospice program and the

1

Filed January 24, 2017 2:07 PM Division of Administrative Hearings

preliminary denial of CON 10437 filed by PruittHealth Hospice - West Florida, LLC ("PruittHealth"), with respect to Hospice Service Area 1.

The Agency comparatively reviewed CON applications for other beds and programs batching cycle with an application due date of May 18, 2016, for the Hospice Service Area 1. For the case at hand, the reviews included in relevant part:

1. On August 22, 2016, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary denial of CON 10436, 10437, 10438 and 10439 and the preliminary approval of CON 10440.

2. On September 22, 2016, PruittHealth filed a Petition for Formal Hearing contesting the denial of its CON 10437, as well as the approval of CON 10440 to VITAS.

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

4. On September 29, 2016, the ALJ entered an Order of Consolidation, consolidating PruittHealth (DOAH 16-5496CON) and VITAS (DOAH 16-5627CON).

5. On September 30, 2016, Covenant Hospice, Inc. filed a Motion to Intervene.

   
   

6. On October 4, 2016, the ALJ entered an Order Allowing Intervention of Covenant Hospice.

7. On October 25, 2016, PruittHealth filed a Notice of Voluntary Dismissal

   
   

   voluntarily dismissing and withdrawing its Petition.

8. On October 26, 2016, the ALJ entered an Order Closing Files and Relinquishing Jurisdiction.

It is therefore ORDERED:

1. The approval of CON 10440 is UPHELD. The Agency shall issue CON 10440 to

VITAS.

ORDERED in Tallahassee, Florida, on this J2 day of_ -

                ,.... ---' 20Hl.

Ju

Ag

erim 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 erk 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)

Jay Adams, Esquire Broad and Cassel

Post Office Box 11300 Tallahassee, Florida 32302 jadams@broadandcassel.com pvaught@broadandcassel.com

John Gilroy, III, Esquire

Suite 2, 1695 Metropolitan Circle

Tallahassee, FL 32308 john@jgilroylaw.com

R. Terry Rigsby, Esquire Brian Newman, Esquire

215 South Monroe Street, Second Floor Tallahassee, FL 32302 trigsby@penningtonlaw.com brian@penningtonlaw.com kowens@penningtonlaw.com stephg@penningtonlaw.com

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: 16-005496CON

Orders for Case No: 16-005496CON