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CGH HOSPITAL, LTD, D/B/A CORAL GABLES HOSPITAL, DELRAY MEDICAL CENTER, INC., D/B/A DELRAY MEDICAL CENTER, GOOD SAMARITAN MEDICAL CENTER, INC. ET AL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 16-006401RX (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006401RX Visitors: 2
Petitioner: CGH HOSPITAL, LTD, D/B/A CORAL GABLES HOSPITAL, DELRAY MEDICAL CENTER, INC., D/B/A DELRAY MEDICAL CENTER, GOOD SAMARITAN MEDICAL CENTER, INC. ET AL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: J. LAWRENCE JOHNSTON
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Oct. 31, 2016
Status: Closed
DOAH Final Order on Tuesday, April 18, 2017.

Latest Update: May 30, 2019
Summary: In November 2016, numerous Florida hospitals filed petitions in these cases challenging the methodology used to determine the prospective Medicaid outpatient reimbursement rates for state fiscal year 2016-2017 as a rule that was not adopted as required, and challenging Florida Administrative Code Rule 59G-6.030, which included the methodology used to determine the rates for fiscal year 2015-2016, as an invalid exercise of delegated legislative authority. Those petitions were consolidated.Existin
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16006406Mandate

M A N D A T E

from

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

This case having been brought to the Court, and after due consideration the Court having issued its opinion;


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with the opinion of this Court, and with the rules of procedure, and laws of the State of Florida.


WITNESS the Honorable Bradford L. Thomas, Chief Judge, of the District Court of Appeal of Florida, First District, and the seal of said Court at Tallahassee, Florida, on this day.


May 17, 2019


Southern Baptist Hospital Of Florida etc. et al. v. Agency for Health Care Administration


DCA Case No.: 1D17-2027

Lower Tribunal Case No.: 16-006406RX



gl

Mandate and opinion to: Claudia Llado, Clerk cc: (without attached opinion)

Donna Holshouser Stinson Steven T. Mindlin

Joseph M. Goldstein Dan P. Daley


Stephen T. Maher Kyle L. Kemper Joanne B. Erde

Amber Stoner Nunnally


Docket for Case No: 16-006401RX
Issue Date Proceedings
May 30, 2019 Transmittal letter from Claudia Llado forwarding the two-volume Transcript to the agency.
May 17, 2019 Mandate filed.
May 01, 2019 Opinion filed.
Oct. 02, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (The Public Health Trust)
Sep. 29, 2017 Record on Appeal Preparation Fee received. (The Public Trust)
Sep. 25, 2017 Notice of Delay in Transmitting the Record to the District Court of Appeal.
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6407-Miami Beach Healthcare Group, etc.)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6405-Cape Canaveral Hospital, Inc., etc.)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6404-Bayfront HMA Medical Center, etc)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6402-Adventist Health System, etc)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6401-CGH Hospital, LTD., etc.)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6399-Sacred Heart Health System, Inc., etc.)
Aug. 04, 2017 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-6406-Southern Baptist Hospital of Florida, etc.)
Jul. 24, 2017 BY ORDER OF THE COURT: The appellants' motion to consolidate is granted.
Jun. 15, 2017 Invoice for the record on appeal mailed. (Miami Beach Healthcare Group, et al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record mailed (Miami Beach Healthcare Group, et al.).
Jun. 15, 2017 Invoice for the record on appeal mailed. (Southern Baptist Hospital of Florida, et al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (Southern Baptist Hospital of Florida, et al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (Cape Canaveral Hospital, et. al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (Cape Canaveral Hospital, et. al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (Bayfront HMA Medical Center, et al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (Bayfront HMA Medical Center, et al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (Adventist Health System, et al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (Adventist Health System, et al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (CGH Hospital, et al.)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (CGH Hospital, et al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (Sacred Heart Health System)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. (Sacred Heart Health, et al.)
Jun. 15, 2017 Invoice for the record on appeal mailed. (Public Health Trust)
Jun. 15, 2017 Index (of the Record) sent to the parties of record. Public Health Trust)
May 30, 2017 Directions to Clerk (filed in Case No. 16-006406RX).
May 25, 2017 BY ORDER OF THE COURT: appellant has failed to tender the required $300.00 filing fee. (Public Health Trust of Miami-Dade, etc.)
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2051 filed (Cape Canaveral Hospital, Inc.; Holmes, etc.).
May 19, 2017 BY ORDER OF THE COURT: appellant is ordered to file an amended notice of appeal which sets forth the appellees in the case style.
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2047 filed (Adventist Health System/Sunbelt, Inc., etc.).
May 19, 2017 BY ORDER OF THE COURT: appellant is order to file an amended notice of appeal which sets forth the appellees in the case style.
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2042 filed (Sacred Heart Health System, Inc., etc.).
May 19, 2017 BY ORDER OF THE COURT: appellant is order to file an amended notice of appeal which sets forth the appellees in the case style.
May 19, 2017 BY ORDER OF THE COURT: appellant is order to file an amended notice of appeal which sets forth the appellees in the case style.
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2049 filed (Bayfront HMA Medical Center, LLC, etc.).
May 19, 2017 BY ORDER OF THE COURT: appellant is order to file an amended notice of appeal which sets forth the appellees in the case style.
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2045 filed (CGH Hospital, Ltd., etc.).
May 19, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2033 filed (The Public Health Trust of Miami-Dade County, etc.).
May 18, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Cape Canaveral Hospital, Inc.).
May 18, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Bayfront HMA Medical Center, etc.)
May 18, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Adventish Health System/Sunbelt, Inc., d/b/a Florida Hospital Heartland Medical Center, etc.).
May 18, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (CGH Hospital, etc.).
May 18, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Sacred Heart Health, etc).
May 18, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2038 filed (Miami Beach Healthcare Group, Ltd., d/b/a Aventura Hospital and Medical Center, etc.)
May 18, 2017 Acknowledgment of New Case, First DCA Case No. 1D17-2027 filed (Southern Baptist Hospital of Florida d/b/a Baptist Medical Center, Nassau, etc.).
May 17, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Southern Baptist Hospital of Florida, d/b/a Baptist Medical Center, Nassau, etc.).
May 17, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Miami Beach Healthcare Group, Ltd., d/b/a Aventura Hospital and Medical Center, etc.).
May 17, 2017 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date (Public Health Trust of Miami-Dade County, Florida).
Apr. 19, 2017 Order Granting Leave to Withdraw as Counsel.
Apr. 18, 2017 Final Order. CASE CLOSED.
Apr. 14, 2017 Unopposed Motion to Withdraw as Counsel for Agency for Health Care Administration filed.
Mar. 23, 2017 Order Clarifying No Proposed Final Orders Due in These Cases.
Mar. 22, 2017 Unopposed Motion for Clarification of Due Date for Proposed Final Orders filed.
Mar. 13, 2017 Transcript of Proceedings (not available for viewing) filed.
Feb. 23, 2017 CASE STATUS: Hearing Partially Held; continued to date not certain.
Feb. 13, 2017 Order Extending Stay of Unadopted Rule Challenge and Rescheduling Final Hearing in Existing Rule Challenge (hearing set for February 23 and 24, 2017; 9:00 a.m.; Tallahassee, FL).
Feb. 13, 2017 Third Joint Status Report filed.
Feb. 10, 2017 Third Joint Status Report filed.
Jan. 10, 2017 Order for Stay and for Status Report.
Jan. 06, 2017 Second Joint Status Report filed.
Dec. 23, 2016 Order for Status Report.
Dec. 20, 2016 Joint Status Report filed.
Dec. 05, 2016 Order Granting Continuance (parties to advise status by December 20, 2016).
Dec. 02, 2016 CASE STATUS: Motion Hearing Held.
Dec. 01, 2016 Notice of Telephonic Motion Hearing (motion hearing set for December 2, 2016; 11:30 a.m.).
Nov. 30, 2016 Petitioner's Response in Opposition to Respondent's Motion to Stay Proceedings and to Continue the Final Hearing Pending Rulemaking filed.
Nov. 29, 2016 Respondent's Motion to Stay Proceedings and to Continue the Final Hearing Pending Rulemaking filed.
Nov. 29, 2016 Lakeland Regional Medical Center, Inc.'s Response to AHCA's Request for Production filed.
Nov. 29, 2016 Lakeland Regional Medical Center, Inc.'s Response to AHCA's Request for Admissions filed.
Nov. 29, 2016 Lakeland Regional Medical Center, Inc.'s Notice of Serving Answers to Interrogatories from Agency for Health Care Administation filed.
Nov. 29, 2016 Mount Sinai Medical Center of Flroida, Inc.'s Response to AHCA's Request for Production filed.
Nov. 29, 2016 Mount Sinai Medical Center of Florida, Inc.'s Response to ACHA's Request for Admissions filed.
Nov. 29, 2016 Mount Sinai Medical Center of Florida, Inc.'s Notice of Serving Answers to Interrogatories from Agency for Health Care Administration filed.
Nov. 29, 2016 Shands Jacksonville Medical Cener, Inc. d/b/a UF Health Jacksonville's Response to AHCA's Request for Production filed.
Nov. 29, 2016 Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville's Response to AHCA's Request for Admissions filed.
Nov. 29, 2016 Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville Notice of Serving Answers to Interrogatories from Agency for Health Care Administation filed.
Nov. 29, 2016 Lee Memorial Health System d/b/a Lee Memorial Hospital's Response to AHCA's Request for Production filed.
Nov. 29, 2016 Lee Memorial Health System d/b/a Lee Memorial Hospital's Response to AHCA's Request for Admissions filed.
Nov. 29, 2016 Lee Memorial Health System d/b/a Lee Memorial Hospital's Notice of Serving Answers to Interrogatories from Agency for Health Care Administration filed.
Nov. 29, 2016 Shands Teaching Hospital and Clinics, d/b/a UF Health Shands' Response to AHCA's Request for Production filed.
Nov. 29, 2016 Shands Teaching Hospital and Clinics, d/b/a UF Health Shands' Response to AHCA's Request for Production filed.
Nov. 29, 2016 Shands Teaching Hospital and Clinics, Inc., d/b/a UF Health Shands' Response to AHCA's Request for Admissions filed.
Nov. 29, 2016 Shands Teaching Hospital and Clinics, d/b/a UF Health Shands Notice of Serving Answers to Interrogatories from Agency for Health Care Administration filed.
Nov. 29, 2016 Baptist Hospital, Inc.'s Response to AHCA's Request for Production filed.
Nov. 29, 2016 Baptist Hospital, Inc., Response to AHCA's Request for Admissions filed.
Nov. 29, 2016 Baptist Hospital, Inc., Notice of Serving Answers to Interrogatories from Agency for Health Care Administration filed.
Nov. 29, 2016 Petitioner Public Health Trust of Miami-Dade County's Response to Respondent's Request for Production filed.
Nov. 29, 2016 Petitioner Public Health Trust of Miami-Dade County's Response to Respondent's Request for Admissions filed.
Nov. 29, 2016 Petitioner Public Health Trust of Miami-Dade County's Notice of Service of Answers to Respondent's First Set of Interrogatories filed.
Nov. 29, 2016 Petitioners' (Tenet) Response to First Request for Admission from AHCA filed.
Nov. 28, 2016 Petitioners' (Tenet) Response to Request for Production from AHCA filed.
Nov. 28, 2016 Petitioners' (Tenet) Notice of Service of Answers to First Interrogatories from AHCA filed.
Nov. 28, 2016 Petitioners' (St. Vincent's) Response to Request for Production from AHCA filed.
Nov. 28, 2016 Petitioners' (St. Vincent's) Response to First Requests for Admisssions from AHCA filed.
Nov. 28, 2016 Petitioners' (St. Vincent's) Notice of Service of Answers to First Interrogatories from AHCA filed.
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production filed.
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production filed.
Nov. 28, 2016 Petitioners' Responses to Respondent's Request for Admissions filed.
Nov. 28, 2016 Petitioners' (Sacred Heart) Response to First Requests for Admission from AHCA filed.
Nov. 28, 2016 Petitioners' Notice of Service of Unverified Answers to Respondent's First Interrogatories filed.
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production (filed in Case No. 16-006410RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Admissions (filed in Case No. 16-006410RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Answer to Respondent's First Set of Interrogatories (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Notice of Serving Answers to Respondent's First Set of Interrogatories (filed in Case No. 16-006410RX).
Nov. 28, 2016 Petitioner (Martin Memorial) Response to Respondent's Request for Admissions (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production (filed in Case No. 16-006405RX).
Nov. 28, 2016 Petitioners' (Southern Baptist Hospital of Florida) Response to Respondent's Request for Admissions (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Admissions (filed in Case No. 16-006405RX).
Nov. 28, 2016 Petitioners' (Orlando) Response to Respondent's Request for Admissions (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Notice of Serving Answers to Respondent's First Set of Interrogatories (filed in Case No. 16-006405RX).
Nov. 28, 2016 Petitioners' (Larkin) Response to Respondent's Request for Admissions (filed in Case No. 16-006406RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Production (filed in Case No. 16-006404RX).
Nov. 28, 2016 Petitioners' Response to Respondent's Request for Admissions (filed in Case No. 16-006404RX).
Nov. 28, 2016 Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories (filed in Case No. 16-006404RX).
Nov. 28, 2016 Petitioner's Response to Respondent's Request for Production (filed in Case No. 16-006403RX).
Nov. 28, 2016 Petitioner's Response to Respondent's Request for Admissions (filed in Case No. 16-006403RX).
Nov. 28, 2016 Petitioners' (Sacred Heart) Response to Request for Production from AHCA filed.
Nov. 28, 2016 Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories (filed in Case No. 16-006403RX).
Nov. 28, 2016 Petitioner's Response to Respondent's Request for Production (filed in Case No. 16-006402RX).
Nov. 28, 2016 Petitioner's Response to Respondent's Request for Admissions (filed in Case No. 16-006402RX).
Nov. 28, 2016 Petitioners' (Sacred Heart) Notice of Service of Answers to First Set of Interrogatories to AHCA filed.
Nov. 28, 2016 Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories (filed in Case No. 16-006402RX).
Nov. 28, 2016 Notice of Taking Trial Preservation Deposition filed.
Nov. 28, 2016 Amended Notice of Hearing (hearing set for December 5 through 7, 2016; 9:30 a.m.; Tallahassee, FL; amended as to Hearing Dates).
Nov. 22, 2016 Respondent AHCA's Notice of Filing First Set of Interrogatories to Petitioner's filed.
Nov. 22, 2016 Respondent ACHA's Request for Admissions to Petitioner's filed.
Nov. 22, 2016 Respondent AHCA's Request for Production to Petitioner's filed.
Nov. 21, 2016 (AHCA's) Notice of Taking Deposition Duces Tecum filed.
Nov. 21, 2016 AHCA's Consolidated Responses to Petitioner's Requests for Admission filed.
Nov. 17, 2016 AHCA's Preliminary Pre-hearing Stipulation filed.
Nov. 15, 2016 AHCA's Consolidated Responses to Petitioners' Requests for Production (filed in Case No. 16-006406RX).
Nov. 14, 2016 AHCA's Notice of Serving Consolidated Answers to Petitioner's Interrogatories filed.
Nov. 14, 2016 AHCA's Consolidated Responses to Petitioner's Requests for Admission filed.
Nov. 14, 2016 Petitioners' Unilateral Preliminary Pre-hearing Statement (filed in Case No. 16-006406RX).
Nov. 14, 2016 Lee Memorial Health System d/b/a Lee Memorial Hospital's First Request for Admissions to AHCA filed.
Nov. 14, 2016 Baptist Hospital, Inc.'s First Request for Admissions to AHCA filed.
Nov. 14, 2016 Shands Jacksonville Medical Center, Inc. d/b/a UF Health Jacksonville's First Request for Admissions to AHCA filed.
Nov. 14, 2016 Lakeland Regional Medical Center, Inc.'s First Request for Admissions to AHCA filed.
Nov. 14, 2016 Mount Sinai Medical Center of Florida, Inc.'s First Request for Admissions to AHCA filed.
Nov. 14, 2016 Shands Teaching Hospital and Clinics, Inc. d/b/a UF Health Shand's Hospital's First Request for Admissions to AHCA filed.
Nov. 14, 2016 Notice of Appearance (Marc Ito) filed.
Nov. 10, 2016 Notice of Deposition of Agency Representative (filed in Case No. 16-006406RX).
Nov. 09, 2016 Order Denying Continuance of Final Hearing.
Nov. 09, 2016 Corrected Response in Opposition to Motion for Continuance and Motion for Enlargement of Time to Respond to Discovery filed.
Nov. 09, 2016 Response in Opposition to Motion for Continuance and Motion for Enlargement of Time to Respond to Discovery filed.
Nov. 07, 2016 Respondent's Motion for Enlargement of Time to Respond to Petitioner's Discovery Requests filed.
Nov. 07, 2016 Respondent's Motion for Continuance of Final Hearing filed.
Nov. 04, 2016 Tenet's Notice of Service of First Interrogatories to AHCA filed.
Nov. 04, 2016 Tenets First Request for Admissions to AHCA filed.
Nov. 04, 2016 Tenet's First Request for Admissions to AHCA filed.
Nov. 04, 2016 St. Vincent's Notice of Service of First Interrogatories to AHCA filed.
Nov. 04, 2016 (UF Health Shands Hospital) First Request for Admissions (to AHCA) filed.
Nov. 04, 2016 Notice of Serving Shands Teaching Hospital and Clinics, Inc., d/b/a UF Health Shands Hospital First Interrogatories to Agency for Health Care Administration filed.
Nov. 04, 2016 St. Vincent's First Request for Admissions to AHCA filed.
Nov. 04, 2016 (UF Health Jacksonville) Petitioner's First Request for Admissions filed.
Nov. 04, 2016 Notice of Serving Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville First Interrogatories to Agency for Hea;th Care Administration filed.
Nov. 04, 2016 Sacred Heart's Notice of Service of First Interrogatories to AHCA filed.
Nov. 04, 2016 Sacred Heart's First Request for Admissions to AHCA filed.
Nov. 04, 2016 Notice of Serving Petitioners' First Set of Interrogatories (filed in Case No. 16-006406RX).
Nov. 04, 2016 Petitioner's First Request for Production to Respondent (filed in Case No. 16-006406RX).
Nov. 04, 2016 Petitioner's First Request for Admission (filed in Case No. 16-006406RX).
Nov. 04, 2016 Order of Pre-hearing Instructions.
Nov. 04, 2016 Notice of Hearing (hearing set for December 5, 2016; 9:30 a.m.; Tallahassee, FL).
Nov. 04, 2016 Order of Consolidation (DOAH Case Nos. 16-6398RX, 16-6399RX, 16-6400RX, 16-6401RX, 16-6402RX, 16-6403RX, 16-6404RX, 16-6405RX, 16-6406RX, 16-6407RX, 16-6408RX, 16-6409RX, 16-6410RX, 16-6411RX, 16-6412RX, 16-6413RX, 16-6414RX).
Nov. 04, 2016 Order of Assignment.
Nov. 03, 2016 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Nov. 02, 2016 Notice of Appearance (Daniel Nordby) filed.
Nov. 02, 2016 Notice of Appearance (Dan Daley) filed.
Nov. 02, 2016 Notice of Appearance (Joseph Goldstein) filed.
Oct. 31, 2016 Petition to Challenge Rule filed.

Orders for Case No: 16-006401RX
Issue Date Document Summary
May 17, 2019 Mandate
May 17, 2019 Mandate
May 17, 2019 Mandate
Apr. 26, 2019 Opinion
Apr. 18, 2017 DOAH Final Order Existing rule and unadopted rule challenge petitions dismissed. See DOAH cases 17-0467RP, etc.
Source:  Florida - Division of Administrative Hearings

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