STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

CORNERSTONE HOSPICE & PALLIATIVE CARE, INC.

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AGENCY CLERK

2017 AUG - 3 P 3: lt I

vs.

Petitioner,

DOAHNO. 17-1911CON AHCA NO. 2017002771

CON NO. 10468

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                                       /

VITAS HEALTHCARE CORPORATION OF FLORIDA,

Cross-Petitioner,

V.

TIDEWELL HOSPICE OF LAKE & SUMTER, INC., and STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATON,

Cross-Respondents.

                                                                                       !

DOAH NO. 17-1916CON AHCA NO. 2017002923

CON NO. 10468

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") 10468 filed by. VITAS Healthcare Corporation of Florida ("VITAS") to establish a new hospice program, with respect to Sub-District 3-E.

1. The Agency comparatively reviewed CON applications for other beds and programs batching cycle with an application due date of February 17, 2017, for the Sub-District 3-E. For the case at hand, the reviews included in relevant part:

   10463 Hospice of Marion County

   10464 North Central Florida Hospice, Inc.

   1

   New Hospice Program New Hospice Program

   Denied Denied

   
   

   Filed August 4, 2017 1:12 PM Division of Administrative Hearings

   10465	Odyssey Healthcare of Marion County, LLC	New Hospice Program	Denied
   10466	PruittHealth Hospice-3E, LLC	New Hospice Program	Denied
   10467	Tidewell Hospice of Lake & Sumter, Inc.	New Hospice Program	Denied
   10468	Vitas Healthcare Corporation of Florida	New Hospice Program	Approved

   
   

2. On February 20, 2017, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary approval of CON 10468, and the denials of CON Nos. 10463, 10464, 10465, 10466 and 10467.

3. On March 10, 2017, Cornerstone filed a Petition for Formal Administrative Proceedings to challenge the Agency's preliminary approval of CON Application No. 10468 and to support the preliminary decision to deny the other five comparatively reviewed certificate of need applications.

4. On March 15, 2017, Vitas filed a Cross-Petition for Formal Administrative Hearing Challenging Co-Batched App li cant 1 and Supporting Agency for Health Care Administration's Preliminary Decision.

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

6. On April 11, 2017, DOAH entered an Order of Consolidation, consolidating DOAH Case Nos. 17-191 lCON (Cornerstone), 17-1915CON (Tidewell) and 17-1916CON (Vitas).

7. On July 28, 2017, Cornerstone filed a Notice of Voluntary Dismissal voluntarily dismissing with prejudice its petition.

8. There are no other challenges to the approval of Vitas.

It is therefore ORDERED:

1. The Agency's preliminary approval of CON 10468 is UPHELD. The Agency shall issue CON 10468 to Vitas.

1 The co-batched applicant, Tidewell Hospice of Lake and Sumter, Inc., voluntarily dismissed its petition and a final order was entered on June 6, 2017 (DOAH Case No. 17-1915, AHCA Case No. 2017002123).

ORDERED in Tallahassee, Florida, on this 3rJ day of      

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J

, 2017.

Justin

Agency or 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 3 ay of

A:,"'s D ,2011.

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

Tallahassee, Florida 32308

(850) 412-3630

Copies Furnished To:

James H. Peterson, III Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Karl David Acuff, Esquire

Law Offices of Karl David Acuff, P.A. 1615 Village Square Boulevard, Suite 2

Tallahassee, Florida 32309-2770 kd_acuff@floridacourts.com

Attorney for TIDEWELL HOSPICE OF LAKE AND SUMTER, INC

Robert Newell, Jr., Esquire 817 North Gadsden Street Tallahassee, Florida 32303 rdnew@newel landterry.com nancy@newellandterry.com

Attorney For CORNERSTONE HOSPICE & PALLIATIVE CARE, INC.

R. Terry Rigsby, Esquire. Brian Newman, Esquire

Post Office Drawer 10095215 South Monroe Street, 2nd Floor Tallahassee, Florida 32302-2095 trigsby@penningtonlaw.com brian@penningtonlaw.com kowens@penningtonlaw.com

Attorneys For VITAS HEALTHCARE CORPORATION OF FLORIDA

Richard Joseph Saliba, Esquire Kevin M. Marker, Esquire Lindsey L. Miller-Hailey, Esquire Assistants 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: 17-001911CON

Orders for Case No: 17-001911CON