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STATE OF FLORIDA AGENCY CLER!\

AGENCY FOR HEALTH CARE ADMINISTRATION

COMPASSIONATE CARE HOSPICE OF PASCO, INC.,

2018 OEC 20 P I: I O

vs.

Petitioner,

DOAH No. 18-4983CON AHCA No. 2018013546

CON No. 10533

SEASONS HOSPICE AND PALLIATIVE CARE OF PASCO COUNTY, LLC, AND STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondents.

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FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration (the "Agency") concerning the preliminary denial of Compassionate Care Hospital of Pasco, Inc.'s ("CCH") Certificate of Need ("CON") 10533 to establish a new hospice program in Pasco County, Subdistrict 5A, and the Agency being fully advised in the premises finds as follows:

1. On September 7, 2018, CCH filed a Petition for Formal Administrative Hearing contesting the Agency's preliminary approval of Seasons Hospice and Palliative Care of Pasco County, LLC's CON 10537 and the denial of its CON 10533 with the Agency Clerk, which was forwarded to Division of Administrative Hearings and assigned a case number.

2. On September 28, 2018, CCH filed a Notice of Voluntary Dismissal.

   
   

3. October 3, 2018, the Administrative Judge entered an Order Closing File and Relinquishing Jurisdiction.

It is therefore ORDERED:

1. The denial of CON 10533 is UPHELD.

Filed December 28, 2018 10:37 AM Division of Administrative Hearings

ORDERED in Tallahassee, Florida, on this day of b k- , 2018.

· 1J 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    f                         

    /,2018.

'-,

oop, Agency

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

Tallahassee, Florida 32308

(850) 412-3630

Copies Furnished To:

Division of Administrative Hearings (Electronic Filing)

Stephen Emmanuel, Esquire Eugene Rivers, Esquire Ausley McMullen

123 South Calhoun Street Tallahassee, Florida 32301 semmanuel@ausley.com drivers@ausley.com; jmcvaney@ausley.com mwallace@ausley.com

Attorneys for Seasons Hospice and Palliative Care of Pasco County, LLC

Geoffrey Smith, Esquire Smith & Associates

Suite 201, 3301 Thomasville Road

Tallahassee, Florida 32308 geoff@smithlawtlh.com; katherine@smithlawtlh

Attorney for Compassionate Care Hospice of Pasco, Inc.

Richard 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)

Bernard Hudson, Unit Manager Long Term Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 18-004983CON

Orders for Case No: 18-004983CON