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OSCEOLA REGIONAL HOSPITAL, INC., D/B/A OSCEOLA REGIONAL MEDICAL CENTER, AND CENTRAL FLORIDA HEALTH SERVICES, LLC vs ORLANDO HEALTH, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION, 19-000171CON (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000171CON Visitors: 7
Petitioner: OSCEOLA REGIONAL HOSPITAL, INC., D/B/A OSCEOLA REGIONAL MEDICAL CENTER, AND CENTRAL FLORIDA HEALTH SERVICES, LLC
Respondent: ORLANDO HEALTH, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: G. W. CHISENHALL
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 09, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 19, 2019.

Latest Update: Aug. 28, 2019
19000170_282_08282019_09054266_e
  1. The Agency published a notice of its decision granting the preliminarily approval of CON application No. 10547 in the Florida Administrative Register, Volume 44, Number 238, on December 10, 2018.

  2. On December 21, 2018, Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center and Central Florida Health Services, Inc. (collectively "Osceola Regional") filed a petition contesting the approval of CON No. 10547 for Orlando Health.

  3. On December 28, 2018, Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando ("Florida Hospital") filed a petition contesting the approval of CON No. 10547 for Orlando Health.

  4. Both petitions were referred to the Division of Administrative Hearings for a de nova review of the decisions through formal administrative hearing and consolidated for hearing by Order of Consolidation dated January 28, 2019. On May 28, 2019, the Administrative Law Judge entered an Order for each party to file a response setting forth its position on the impact to the case ifCS/CS/HB 21 concerning "hospital licensure" was to become law by June 5, 2019. The parties sought and received an extension of time to July 1, 2019.

  5. On July 1, 2019, the Agency filed a Motion to Dismiss and Memorandum of Law based on the lack of subject matter jurisdiction due to mootness as HB 21, now 2019-136, Laws of Florida, amended the Florida certificate of need law to remove general hospital projects such as those proposed in these matters from CON review.

  6. On July 1, 2019, Orlando Health, Osceola Regional and Florida Hospital each filed responses to the Order dated May 28, 2019 stating that the cases appeared to have been made moot by the passage and signature of CS/CS/HB 21, now 2019-136, Laws of Florida.

  7. On July 11, 2019, Adventist Health filed a Notice of Voluntary Dismissal.

  8. On July 19, 2019, the Administrative Law Judge entered an Order Closing Case File and Relinquishing Jurisdiction to the Agency.

It is therefore, ORDERED


  1. The petitions for formal hearing are dismissed.


  2. The approval of CON application No. 10547 is now moot. As of July 1, 2019, general acute care hospital projects are not subject to CON review. See Chapter 2019-136, Laws of Florida § 13.

ORDERED in Tallahassee, Florida, on this day of


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

,,M

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 Z/ y of

6,2019


Richard--f-:--' oop, Ag cy Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630


Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)


Mia L. McKown, Esquire

315 South Calhoun Street, Suite 600

Tallahassee, Florida 32301 mia.mckown@hklaw.com jennifer.gillis@hklaw.com (Electronic Mail)


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

pwilliamson@boone-law.com (Electronic Mail)


Karen Putnal, Esquire Ian Waldick, Esquire 118 N Gadsden St Tallahassee FL, 32301 kputnal@moylelaw.com

iwaldick@moylelaw.com mqualls@moylelaw.com (Electronic Mail)

Stephen A. Ecenia, Esquire Craig D. Miller, Esquire Jennifer Hinson, Esquire Gabriel Warren, Esquire Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301 steve@reuphlaw.com cmiller@rutledge-ecenia.com jennifer@rutledge-ecenia.com gwarren@rutledge-ecenia.com Lauren@rutledge-ecenia.com vicki@rutledge-ecenia.com (Electronic Mail)


Julia E. Smith, 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: 19-000171CON
Issue Date Proceedings
Aug. 28, 2019 Agency Final Order filed.
Aug. 21, 2019 Agency Final Order filed.
Jul. 19, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 08, 2019 Osceola Regional Hospital, Inc. and Central Florida Health Services, LLC's Response to AHCA's Motion to Dismiss filed.
Jul. 01, 2019 Adventist Health System/Sunbelt, Inc. Response to Order Dated May 28, 2019 filed.
Jul. 01, 2019 Osceola Regional Hospital, Inc. and Central Florida Health Services, LLC's Response to Order Requesting Position on House Bill 21 filed.
Jul. 01, 2019 Orlando Health, Inc.'s Response to Order Dated May 28, 2019 filed.
Jul. 01, 2019 The Agency for Health Care Administration's Motion to Dismiss for Lack of Subject Matter Jurisdiction Due to Mootness and Memorandum of Law in Support Thereof filed.
Jun. 07, 2019 Order Granting "Joint Motion for Extension of Time to Respond to the Order Dated May 28, 2019."
Jun. 03, 2019 Joint Motion for Extension of Time to Respond to the Order Dated May 28, 2019 filed.
May 28, 2019 Order.
Apr. 04, 2019 Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center's Response to Orlando Health, Inc.'s First Request for Production of Documents filed.
Apr. 04, 2019 Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center?s Notice of Serving Answers to Orlando Health, Inc.?s First Interrogatories filed.
Mar. 25, 2019 Orlando Health, Inc.'s Responses and Objections to HCA's First Request for Production of Documents filed.
Mar. 25, 2019 Orlando Health, Inc.'s Notice of Service of Response and Objections to HCA's First Set of Interrogatories and First Request to Produce Documents filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Notice of Service of Answers and Objections to Orlando Health, Inc.'s First Set of Interrogatories to Adventist Health filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Seventh Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Winter Park filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Sixth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Kissimmee filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Fifth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth East Orlando filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Fourth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Third Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Apopka filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Second Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Altamonte filed.
Mar. 01, 2019 Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando filed.
Feb. 08, 2019 Amended Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL; amended as to Issue).
Feb. 06, 2019 Amended Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL; amended as to Text and Issue).
Feb. 04, 2019 Joint Supplemental Response to Initial Orders and Joint Motion to Schedule Hearing Dates filed.
Feb. 04, 2019 Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL).
Jan. 31, 2019 Orlando Health, Inc.'s Seventh Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Winter Park Memorial Hospital filed.
Jan. 31, 2019 Orlando Health, Inc.'s Sixth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Kissimmee filed.
Jan. 31, 2019 Orlando Health, Inc.'s Fifth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital East Orlando filed.
Jan. 31, 2019 Orlando Health, Inc.'s Fourth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration filed.
Jan. 31, 2019 Orlando Health, Inc.'s Third Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Apopka filed.
Jan. 31, 2019 Orlando Health, Inc.'s Second Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Altamonte filed.
Jan. 31, 2019 Orlando Health, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando filed.
Jan. 31, 2019 Orlando Health, Inc.'s Notice of Service of First Interrogatories to Adventist Health System/Sunbelt, Inc. filed.
Jan. 29, 2019 Notice of Telephonic Pre-hearing Conference (set for February 1, 2019; 9:00 a.m.).
Jan. 28, 2019 Order of Consolidation (DOAH Case Nos. 19-0170CON, 19-0171CON).
Jan. 25, 2019 Orlando Health, Inc.'s Notice of Service of First Interrogatories and First Request to Produce Documents to Osceola Regional Hospital, Inc. filed.
Jan. 23, 2019 Osceola Regional Hospital, Inc. d/b/a Orlando Regional Medical Center's and Central Florida Health Services, LLC's First Request for Production of Documents to Orlando Health, Inc., filed.
Jan. 23, 2019 Osceola Regional Hospital, Inc., d/b/a Orlando Regional Medical Center's and Central Florida Health Services, LLC's Notice of Serving First Set of Interrogatories to Orlando Health, Inc., filed.
Jan. 23, 2019 Joint Response to Initial Orders and Joint Motion to Consolidate filed.
Jan. 16, 2019 Notice of Appearance (Jennifer Hinson) filed.
Jan. 16, 2019 Notice of Appearance (Gabriel Warren) filed.
Jan. 15, 2019 Notice of Transfer.
Jan. 14, 2019 Initial Order.
Jan. 11, 2019 Notice of Appearance (Ian Waldick) filed.
Jan. 10, 2019 Amended Notice filed.
Jan. 09, 2019 Decisions on Batched Applications filed.
Jan. 09, 2019 Osceola Regional Medical Center and Central Florida Health Service's Petition for Formal Administrative Proceeding filed.
Jan. 09, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-000171CON
Issue Date Document Summary
Aug. 21, 2019 Agency Final Order
Aug. 21, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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