STATE OF FLORIDA

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AGENCY FOR HEALTH CARE ADMINISTRA TI0 017 OCT 21 p

GALENCARE, INC., d/b/a BRANDON REGIONAL HOSPITAL,

: I I

2

vs.

Petitioner,

DOAH CASE NO.: 17-3900CON AHCA CASE NO.: 2017006916 CON NO.: 10481

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a FLORIDA HOSPITAL TAMPA,

AND FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL,

Intervenors.

I HEALTHSOUTH REHABILITATION HOSPITAL OF HILLSBOROUGH COUNTY, LLC,

vs.

Petitioner,

DOAH CASE NO.: 17-3901CON AHCA CASE NO.: 2017006887 CASE NO.: CON 10482

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a FLORIDA HOSPITAL TAMPA,

AND FLORIDA HEALTH SCIENCES CENTER, INC., d lb/a TAMPA GENERAL HOSPITAL,

Intervenors.

                                                                                 I

Filed October 31, 2017 9:51 AM Division of Administrative Hearings

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 10481 filed by Galen, Inc. d/b/a Brandon Regional Hospital ("Brandon Regional") to establish a 30-bed comprehensive medical rehabilitation unit and the preliminary denial of CON 10482 filed by HealthSouth Rehabilitation Hospital of Hillsborough County, LLC ("HealthSouth") to establish a new 60-bed comprehensive medical rehabilitation facility, both with respect to District 6

1. On June 6, 2017, the Agency issued its decision regarding the preliminary denials of CON 10481 and CON 10482.

2. On June 26, 2017, HealthSouth filed an Amended Petition for Formal Administrative Hearing contesting the Agency's denial of its CON 10482.

3. On June 27, 2017, Brandon Regional filed a Petition for Formal Administrative Proceeding contesting the Agency's denial of its CON 10481.

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

5. On July 21, 2017, Florida Hospital Tampa filed a Petition to Intervene in 17- 3900CON supporting the Agency denial of the application of Branden Regional.

6. On July 25th 2017, Tampa General Hospital filed Petition to Intervene in case # 17-3900CON and in case# 17-3901CON supporting the Agency denial of Brandon CON 10481 and supporting the Agency denial of HealthSouth CON 10482.

7. On July 25, 2017, the ALJ entered an Order of Consolidation of Brandon Regional (Case No. l 7-3900CON) and HealthSouth (Case No. 17-3901CON).

8. On date of September 7, 2017, Petitioner, HealthSouth filed a voluntary dismissal dismissing its petition seeking to reverse the Agency decision to deny CON 10482.

9. On date of September 7, 2017, Petitioner, Brandon Regional filed a voluntary dismissal which dismissing its petition seeking to reverse the Agency decision to deny CON 10481.

10. There are no existing challenges to the Agency denial of CON 10481 and CON

10482.

It is therefore ORDERED:

1. The Agency's denial of Brandon Regional (CON 10481) is UPHELD.

   
   

2. The Agency's denial of HealthSouth (CON 10482) is UPHELD.

   1,                    

3. ORDERED in Tallahassee, Florida, on this 211

day of Ocfo6tlr

2017.

Justi M. Seni , Secretary

Agency for Health Care 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 of      

     ,2017.

Richard J. Shoop, Agenc

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Copies Furnished To:

W. David Watkins Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Stephen A. Ecenia, Esquire Craig D. Miller, Esquire Rutledge Ecenia, P .A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301 steve@rutledge-ecenia.com cmiller@rutledge-ecenia.com jennifer@rutledge-ecenia.com roxanne@rutledge-ecenia.com vicki@rutledge-ecenia.com

Attorneys for GALENCARE, INC:, d/b/a BRANDON REGIONAL HOSPITAL

(Electronic Mail)

R. Terry Rigsby, Esquire Matthew Bryant, Esquire Post Office Drawer 10095 Tallahassee, FL 32302- trigsby@penningtonlaw.com;

mbryant@penningtonlaw.com kowens@penningtonlaw.com

Attorneys for HEALTHSOUTH REHABILITATION HOSPITAL OF HILLSBOROUGH COUNTY, LLC

(Electronic Mail)

Stephen K. Boone, Esquire 1001 Avenida Del Circo Post Office Box 1596 Venice, Florida 34284-1596 sboone@boone-law.com

PWilliamson@boone-law.com

Attorney for UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a FLORIDA HOSPITAL TAMPA

(Electronic Mail)

Jeffrey Prehn, Esquire Rex D. Ware, Esquire Radey Law Firm

Suite 200, 301 South Bronough Street

Tallahassee, Florida 32301 jfrehn@radeylaw.com rware@radeyl aw. com dgueltzow@radeylaw.com lmcelroy@radeylaw.com

Attorneys for FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL

(Electronic Mail)

Richard Joseph Saliba, Assistant General Counsel Lindsey L. Miller-Hailey, 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)

Jack Plagge, Unit Manager

Hospital and Outpatient Services Unit Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 17-003900CON

Orders for Case No: 17-003900CON