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THE HOSPICE OF THE FLORIDA SUNCOAST, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 18-004986CON (2018)

Court: Division of Administrative Hearings, Florida Number: 18-004986CON Visitors: 48
Petitioner: THE HOSPICE OF THE FLORIDA SUNCOAST, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 17, 2018
Status: Closed
Recommended Order on Thursday, September 5, 2019.

Latest Update: Oct. 22, 2019
Summary: Does the proposal to establish a new hospice program in Pasco County described by Certificate of Need (CON) Application number 10537 of Seasons Hospice and Palliative Care of Pasco County, LLC (Seasons),1/ or the proposal described by CON Application number 10538 of The Hospice of the Florida Suncoast, Inc. (Suncoast),2/ best satisfy the CON criteria to establish a new hospice program to meet the numeric need for a new hospice program calculated for Service Area 5A?In comparative review, plan fo
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18004986_282_10162019_14423328_e

Docket for Case No: 18-004986CON
Issue Date Proceedings
Oct. 22, 2019 The Hospice of the Florida Suncoast, Inc.'s Exceptions to the Recommended Order filed.
Oct. 16, 2019 Agency Final Order filed.
Sep. 06, 2019 Transmittal letter from Claudia Llado forwarding Suncoast's Notice of Filing Video Clips of Deposition Designations by Suncoast and Seasons.
Sep. 05, 2019 Recommended Order (hearing held April 1-5 and 8-9, 2019). CASE CLOSED.
Sep. 05, 2019 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 31, 2019 The Agency for Health Care Administration's Proposed Recommended Order filed.
May 31, 2019 Notice of Appearance (Julia Smith) filed.
May 31, 2019 Seasons' Proposed Recommended Order filed.
May 31, 2019 Notice of Filing the Hospice of the Florida Suncoast, Inc.'s Proposed Recommended Order filed.
May 20, 2019 Order Extending Time for Filing PROs and Increasing PRO Page Limit.
May 15, 2019 Seasons Unopposed Motion for Extension of Time to File Proposed Recommended Orders and Joint Motion to Increase Page Limit filed.
May 08, 2019 Rulings on Seasons' Objections to Roeder Deposition.
May 08, 2019 Rulings on Seasons' Objections to Wehr Deposition.
May 08, 2019 Rulings on Seasons' Objections to Hutchens' Deposition.
Apr. 23, 2019 Notice of Filing Transcript.
Apr. 22, 2019 Transcript of Proceedings (not available for viewing) filed.
Apr. 16, 2019 Seasons' Deposition Objections filed.
Apr. 09, 2019 Video Clips of Depositions by Suncoast and Seasons filed.
Apr. 09, 2019 Suncoast's Notice of Filing Video Clips of Deposition Designations by Suncoast and Seasons filed.
Apr. 08, 2019 Ruling on Admissibility of Suncoast Exhibits 22 and 46 A, B, and C.
Apr. 08, 2019 Seasons' Reply to Suncoast's Supplement filed.
Apr. 05, 2019 Suncoast's Supplement to Its Response in Opposition to Seasons' Motion in Limine to Prohibit the Introduction of Exhibit 2 to Lynn Craver's Deposition and Craver's Corresponding Testimony filed.
Apr. 05, 2019 Notice of Filing Designations of Deposition of Lynn Craver filed.
Apr. 05, 2019 CASE STATUS: Motion Hearing Held.
Apr. 03, 2019 Suncoast's Response in Opposition to Seasons' Motion to Strike Rice Rebuttal Exhibits filed.
Apr. 01, 2019 CASE STATUS: Hearing Held.
Mar. 29, 2019 Notice of Filing Objection to Agency for Health Care Administration Final Hearing Exhibit No. 2 filed.
Mar. 29, 2019 Seasons' Motion to Strike Balsano Rebuttal Exhibits filed.
Mar. 28, 2019 Seasons' Motion to Strike Rice Rebuttal Exhibits filed.
Mar. 28, 2019 Order Denying Motions in Limine.
Mar. 27, 2019 Joint Pre-hearing Stipulation filed.
Mar. 27, 2019 Suncoast's Response in Opposition to Seasons' Motion in Limine regarding Testimony and Exhibits of Dr. Stacy Orloff filed.
Mar. 27, 2019 Seasons' Notice of Taking Telephonic Deposition Duces Tecum (Balsano) filed.
Mar. 26, 2019 Order Denying Motion in Limine.
Mar. 25, 2019 Suncoast's Response in Opposition to Seasons' Motion in Limine filed.
Mar. 25, 2019 HIPAA Qualified Protective Order and Order to Disclose Protected Health Information.
Mar. 21, 2019 Seasons' Notice of Taking Telephonic Deposition Duces Tecum filed.
Mar. 21, 2019 Notice of Taking Deposition Duces Tecum of Sharon Gordon-Girvin filed.
Mar. 20, 2019 Seasons' Motion in Limine for Stacy Orloff's Testimony and Exhibits Regarding Estimate of PIC:TFK-Eligible Patients filed.
Mar. 18, 2019 Seasons' Response to Suncoast's Motion for HIPAA Qualified Protective Order and Order to Disclose Protected Health Information filed.
Mar. 18, 2019 Seasons' Motion in Limine filed.
Mar. 15, 2019 Motion for HIPAA Qualified Protective Order and Order to Disclose Protected Health Information filed.
Mar. 14, 2019 CASE STATUS: Pre-Hearing Conference Held.
Mar. 11, 2019 Amended Notice of Rescheduling Deposition Duces Tecum of Tim Simpson as to Attachment "A" filed.
Mar. 08, 2019 Seasons Hospice & Palliative Care of Pasco County, LLC's Response to Suncoast's Third Request for Production filed.
Mar. 08, 2019 Seasons' Cross Notice of Taking Deposition Duces Tecum filed.
Mar. 08, 2019 Notice of Taking Video-Taped Depositions Duces Tecum to Preserve Testimony filed.
Mar. 08, 2019 Suncoast's Notice of Taking Deposition Duces Tecum of Tom Davidson filed.
Mar. 06, 2019 Suncoast's Cross Notice of Taking Telephone Deposition Duces Tecum to Preserve Testimony filed.
Mar. 06, 2019 Seasons' Notice of Taking Depositions Duces Tecum filed.
Mar. 06, 2019 Seasons' Amended Cross Notice of Taking Deposition Duces Tecum filed.
Mar. 05, 2019 Amended Notice of Hearing (hearing set for April 1 through 5, 8, and 9, 2019; 9:00 a.m.; Tallahassee, FL; amended as to dates).
Mar. 04, 2019 Amended Notice of Taking Telephone Deposition to Preserve Testimony filed.
Mar. 04, 2019 Notice of Taking Telephone Deposition to Preserve Testimony filed.
Mar. 04, 2019 Seasons Hospice & Palliative Care of Pasco County, LLC's Notice of Service of Answers to Suncoast's Third Set of Interrogatories filed.
Mar. 04, 2019 Notice of Re-scheduling Video-Taped Deposition Duces Tecum to Preserve Testimony filed.
Mar. 04, 2019 Suncoast's Notice of Taking Deposition Duces Tecum of Sharon Gordon-Girvin filed.
Mar. 04, 2019 Notice of Rescheduling Deposition Duces Tecum of Tim Simpson filed.
Feb. 28, 2019 Seasons Hospice and Palliative Care of Pasco County, LLC's Final Witness List filed.
Feb. 28, 2019 Suncoast's Final Witness List filed.
Feb. 28, 2019 Seasons' Cross Notice of Taking Deposition Duces Tecum filed.
Feb. 27, 2019 Joint Motion for Two Additional Hearing Days filed.
Feb. 27, 2019 Seasons Hospice & Palliative Care of Pasco County, LLC's Response to Suncoast's Second Request for Production filed.
Feb. 27, 2019 Seasons Hospice & Palliative Care of Pasco County, LLC's Notice of Service of Answers to Suncoast's Second Set of Interrogatories filed.
Feb. 27, 2019 Notice of Taking Video-Taped Depositions Duces Tecum to Preserve Testimony filed.
Feb. 25, 2019 Notice of Taking Deposition Duces Tecum of Tim Simpson filed.
Feb. 20, 2019 Suncoast's Cross Notice of Taking Telephone Deposition Duces Tecum to Preserve Testimony filed.
Feb. 20, 2019 Notice of Taking Telephone Deposition to Preserve Testimony filed.
Feb. 19, 2019 Notice of Taking Telephone Deposition Duces Tecum of Thomas Bruno filed.
Feb. 19, 2019 Suncoasts Cross Notice of Taking Telephone Deposition Duces Tecum to Preserve Testimony filed.
Feb. 19, 2019 Suncoast's Cross Notice of Taking Telephone Deposition Duces Tecum to Preserve Testimony filed.
Feb. 18, 2019 Seasons' Notice of Taking Depositions Duces Tecum filed.
Feb. 18, 2019 Seasons' Cross Notice of Taking Depositions Duces Tecum filed.
Feb. 18, 2019 Notice of Taking Telphone Deposition to Preserve Testimony (Moseley) filed.
Feb. 18, 2019 Notice of Taking Telephone Deposition to Preserve Testimony (Crone) filed.
Feb. 18, 2019 Notice of Taking Video-Taped Depositions Duces Tecum to Preserve Testimony filed.
Feb. 07, 2019 The Hospice of Florida Suncoast, Inc.'s Notice of Taking Deposition Duces Tecum of Russell Hilliard filed.
Feb. 06, 2019 The Hospice of the Florida Suncoast, Inc.'s Third Request for Production to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Feb. 05, 2019 Notice of Taking Telephone Deposition to Preserve Testimony filed.
Feb. 01, 2019 The Hospice of the Florida Suncoast, Inc.'s Third Set of Interrogatories to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Feb. 01, 2019 Seasons' Amended Notice of Taking Depositions Duces Tecum filed.
Jan. 30, 2019 Seasons Hospice and Palliative Care of Pasco County, LLC's Fourth Request for Production to The Hospice of the Florida Suncoast, Inc. filed.
Jan. 30, 2019 Seasons Hospice & Palliative Care of Pasco County, LLC's Notice of Service of Its Second Set of Interrogatories to The Hospice of the Florida Suncoast, Inc. filed.
Jan. 29, 2019 Notice of Taking Video-Taped Depositions Duces Tecum to Preserve Testimony filed.
Jan. 29, 2019 Seasons' Notice of Taking Depositions Duces Tecum filed.
Jan. 28, 2019 Notice of Appearance (Kristen Bond) filed.
Jan. 28, 2019 Suncoast's Response to Seasons' Third Request for Production of Documents filed.
Jan. 28, 2019 Notice of Serving the Hospice of the Florida Suncoast, Inc.'s Second Set of Interrogatories to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Jan. 28, 2019 The Hospice of the Florida Suncoast, Inc.'s Second Request for Production to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Jan. 28, 2019 Suncoast's Amended Preliminary Witness List filed.
Jan. 28, 2019 Notice of Taking Deposition to Preserve Testimony filed.
Jan. 28, 2019 The Hospice of Florida Suncoast, Inc.'s Amended Notice of Taking Depositions Duces Tecum to Include Call-In Number filed.
Jan. 25, 2019 The Hospice of Florida Suncoast, Inc.'s Notice of Taking Depositions Duces Tecum filed.
Jan. 02, 2019 Seasons Hospice and Palliative Care of Pasco County, LLC's Third Request for Production to the Hospice of the Florida Suncoast, Inc. filed.
Dec. 18, 2018 Suncoast's Amended Notice of Taking Deposition of Marisol Fitch (to include call-in number) filed.
Dec. 07, 2018 The Agency for Health Care Administration's Preliminary and Final Witness List filed.
Dec. 04, 2018 Notice of Serving Suncoast's Amended Answers to Seasons' First Interrogatories Nos. 6-7, and 9-18 filed.
Dec. 04, 2018 Suncoast's Response to Seasons' Second Request for Production of Documents filed.
Nov. 16, 2018 Notice of Serving Suncoast's Answers Seasons' First Interrogatories filed.
Nov. 16, 2018 Suncoast's Response to Seasons' First Request for Production of Documents filed.
Nov. 06, 2018 Notice of Retaining Court Reporter filed.
Nov. 01, 2018 Seasons Hospice & Palliative Care of Pasco County, LLC's Response to Suncoast's First Request for Production filed.
Nov. 01, 2018 Seasons Hospice & Palliative Care of Pasco County LLC's Notice of Service of Answers to Suncoast's First Interrogatories filed.
Oct. 29, 2018 Notice of Telephonic Pre-hearing Conference (set for March 14, 2019; 9:00 a.m.).
Oct. 29, 2018 Order of Pre-hearing Instructions.
Oct. 26, 2018 Seasons Hospice and Palliative Care of Pasco County, LLC's Second Request for Production to the Hospice of the Florida Suncoast, Inc. filed.
Oct. 22, 2018 Notice of Filing Proposed Order of Prehearing Instructions filed.
Oct. 22, 2018 Suncoast's Notice of Taking the Deposition of Marisol Fitch filed.
Oct. 19, 2018 Agency for Health Care Administration's Responses to the Hospice of the Florida Suncoast, Inc.'s First Request for Production of Documents filed.
Oct. 19, 2018 The Agency for Health Care Administration's Response to the Hospice of the Florida Suncoast, Inc.'s Request for Admissions filed.
Oct. 19, 2018 Notice of Service of Agency for Health Care Administration's Responses to the Hospice of the Florida Suncoast, Inc.'s First Set of Interrogatories filed.
Oct. 17, 2018 Order Granting Extension of Time.
Oct. 15, 2018 Joint Motion for Extension of Time to File Proposed Order of Pre-hearing Instructions filed.
Oct. 04, 2018 Order Requesting Proposed Order of Pre-hearing Instructions.
Oct. 04, 2018 Notice of Hearing (hearing set for April 1 through 5, 2019; 9:00 a.m.; Tallahassee, FL).
Oct. 01, 2018 Notice of Appearance (Kevin Marker) filed.
Sep. 28, 2018 Joint Response to Initial Order filed.
Sep. 28, 2018 Seasons Hospice and Palliative Care of Pasco Countys First Request for Production to The Hospice of the Florida Suncoast, Inc filed.
Sep. 28, 2018 Seasons Hospice & Palliative Cares Notice of Service of its First Set of Interrogatories to The Hospice of the Florida Suncoast, Inc filed.
Sep. 21, 2018 The Hospice of the Florida Suncoast, Inc.'s First Request for Production to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Sep. 21, 2018 Notice of Serving Suncoast's First Set of Interrogatories to Seasons Hospice & Palliative Care of Pasco County, LLC filed.
Sep. 21, 2018 The Hospice of the Florida Suncoast, Inc.'s First Request for Production to Compassionate Care Hospice of Pasco, Inc. filed.
Sep. 21, 2018 Notice of Serving Suncoast's First Set of Interrogatories to Compassionate Care Hospice of Pasco, Inc. filed.
Sep. 20, 2018 Notice of Serving Suncoast's First Set of Interrogatories to the Agency for Health Care Administration filed.
Sep. 20, 2018 The Hospice of the Florida Suncoast, Inc.'s First Request for Admissions to the Agency for Health Care Administration filed.
Sep. 20, 2018 The Hospice of the Florida Suncoast, Inc.'s First Request for Production to the Agency for Health Care Administration filed.
Sep. 20, 2018 Initial Order.
Sep. 18, 2018 Notice of Appearance (Eugene Rivers) filed.
Sep. 18, 2018 Notice of Intervention and Appearance by a Specifically-Named Person filed.
Sep. 18, 2018 Notice of Appearance (Stephen Emmanuel) filed.
Sep. 17, 2018 Decisions on Batched Applications filed.
Sep. 17, 2018 The Hospice of The Florida Suncoast, Inc.'s Petition for Formal Administrative Proceeding filed.
Sep. 17, 2018 Notice (of Agency referral) filed.

Orders for Case No: 18-004986CON
Issue Date Document Summary
Oct. 16, 2019 Agency Final Order
Sep. 05, 2019 Recommended Order In comparative review, plan for homeless outreach, music therapy, & ALF outreach made hospice's CON proposal outweigh competing proposal. Whether a provider is for-profit is not a CON criteria. CHAPS was not proven reliable quality indicator.
Source:  Florida - Division of Administrative Hearings

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