Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $8,000.00. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed January 3, 2014 1:27 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this By day of Seren > 2016
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as 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 rendition of the order to be reviewed. CERTIFICATE OF SERVICE I CERTIFY that a true and tis a this Final Order was served on the below-named persons by the method designated on this lay of E A CL , 20%. Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting ] Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Lourdes A. Naranjo, Senior Attorney Thomas W. Caufman, Esq. Office of the General Counsel Attorney for Respondent Agency for Health Care Administration (Electronic Mail) Quintairos Prieto Wood & Boyer, P.A. 4950 W. Laurel Street - Suite 200 Tampa, Florida 33607 (U.S. Mail) Edward T. Bauer Administrative Law Judge Division of Administrative Hearings (Electronic Mail)
Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $5,000.00 If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed February 21, 2012 3:02 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this_|1_ day of Fore an 2012. Aut > vA ( Elizab¢th Dudek, sean Agency for Health Care Administration
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as 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 rendition of the order to be reviewed. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of this Final Order was served on the below-named persons by the method designated on this aeiay of an , 2012. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Lourdes A. Naranjo , Senior Attorney [Kevin O’ Donnell, Esq. Office of the General Counsel Attorney for Respondent Agency for Health Care Administration Gilroy & O’ Donnell (Electronic Mail) 1695 Metropolitan Circle - Suite 2 Tallahassee, Florida 32308 (U.S. Mail) Robert E. Meale | Administrative Law Judge Division of Administrative Hearings | (Electronic Mail)
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the modification of the Certificate of Need ("CON") compliance conditions for CON 8813, filed by Life Care Center of New Port Richey; CON 7737, filed by Life Care Center of Orange Park; CON 7904, filed by Life Care Center of Sarasota; and CON 3828, filed by Life Care Center of Melbourne (collectively hereinafter “Life Care”). The Agency preliminarily denied Life Care’s modification of the CON compliance condition modifications. Composite Exhibit 1. Thereafter, Life Care timely filed a Petition for Formal Administrative Hearing with respect to the denials of CON 8813, DOAH Case No. 09-6347, and CON 7737, DOAH Case No. 10-0639, CON 7904, DOAH Case No. 10-0640, CON 3828, DOAH Case No. 10-0641 which the Agency Clerk forwarded to the Division of Administrative Hearings (“DOAH”). On February 17, 2010, DOAH entered an Order of Consolidation of the four cases. ‘On April 29, 2011, DOAH entered an Order Continuing Case in Abeyance (with the parties to advise status by June 29, 2011). Prior to Final Hearing, the Agency entered into a Settlement Agreement with Life Care, which is attached hereto as Exhibit 2. The Agency agrees to modify and Life Care accepts these CON compliance conditions as follows upon execution of this agreement: As to Life Care Center of New Port Richey (CON 8813), the Agency agrees to modify the requested reduction of the Medicaid condition from 25.5% to 20.0% of the facility’s total annual patient days. As to Life Care Center of Orange Park (CON 7737), the Agency agrees to modify the requested reduction of the Medicaid condition from. 53.55% to 45.0% of the facility’s total annual patient days. As to Life Care Center of Sarasota (CON 7904), the Agency acknowledges the requested reduction of the Medicaid condition from 40.0% requested to 30%. No modification is necessary as the current compliance condition is 29.21% of the facility’s total annual patient days. As to Life Care Center of Melbourne (CON 3828), the Agency acknowledges the requested reduction of the Medicaid condition from 45.0% to 40.0% of the facility’s total annual patient days. No modification is necessary as the current compliance condition of the facility’s total annual patient days is 32.51%. All of these compliance modifications that the Agency is to issue are contingent upon ail outstanding fines by any Life Care facility that is ‘a party to this agreement having been paid in full to the Agency. It is ORDERED that: 1. The Settlement Agreement is attached. hereto and made a part hereof. The parties are directed to comply with the terms of the Settlement Agreement including modification of the conditions upon payment of any fines, 2, The above-styled cases are hereby closed. DONE AND ORDERED this 2% day of phe 2011, in Tallahassee, Florida. Elizabeth Dudek, Agency for Healt
Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $2,000. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed June 24, 2014 12:07 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this /f day of Pen 2 , 2014. Leb Elizabeth Dudek, Secretary Agency for Health Care Administration
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as 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 rendition of the order to be reviewed. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of this Final Order was served on the below-named persons by the method designated on this 7) day of , 2014. ‘hes , Agency Cler| # Agency ealth Care Aditfinistration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Andrea Lang Linzie F. Bogan Office of the General Counsel Administrative Law Judge Agency for Health Care Administration Division of Administrative Hearings (Electronic Mail) (Electronic Mail) Thomas W. Caufman, Esq. Attorney for Summerville 14 LLC d/b/a Emeritus at Bonita Springs Quitairos, Prieto, Wood & Boyer, P.A. 4905 W. Laurel Street, 2" Floor Tampa, Florida 33607 (U.S. Mail)
The Issue The issue presented for consideration is whether rules 59C-1.008(1)(k)1., and 2., and 59C-1.008(4), F.A.C., constitute an invalid exercise of delegated legislative authority.
Findings Of Fact Manatee Hospitals and Health Systems, Inc. d/b/a Manatee Memorial Hospital (Manatee) is a nonprofit corporation which operates a short-term general acute care hospital in Manatee County, Florida. On November 1, 1993, Manatee timely and properly submitted a letter of intent to the Agency for Health Care Administration (Agency) seeking authority to convert up to 11 substance abuse beds and/or up to 28 acute care beds to 28 skilled nursing beds for review in the Nursing Home Batch Cycle, 2nd Cycle, 1993. On December 1, 1993, Manatee submitted a CON application to the agency seeking authority to convert up to 11 adult substance abuse beds and/or up to 28 acute care beds to 28 skilled nursing beds for review in the nursing home batch cycle, 2nd cycle, 1993. The application included the appropriate filing fee. Manatee failed to submit a copy of its CON application to the local health council by 5:00 p.m. on the application due date of December 1, 1993. Instead, the application was submitted to the local health council on December 2, 1993. By correspondence from Liz Dudek, Chief, Certificate of Need and Budget Review Section, dated December 7, 1993, the agency advised Manatee that its CON application was not accepted and was being returned to Manatee because Manatee failed to submit a copy of its application to the health council by 5:00 p.m. on the application due date of December 1, 1993, as required by rules 59C- 1.008(1)(k)1., and 2., and 59C-1.008(4), F.A.C. 6. Rules 59C-1.008(1)(k)1., and 2., F.A.C. provide: (k) Certificate of Need Application Submission. An application for a certificate of need shall be submitted on HRS Form 1455, August 1985, and HRS Form 1460, June 1991 incorporated by reference herein, and shall be provided by the agency upon request. The application must be actually received by the agency by 5 p.m. local time and a copy must actually be received by the local health council by 5 p.m. local time on or before the application due date. An application submitted to the agency shall not be accepted by the agency, and the application fee will be returned if a copy of the application is not received by the appropriate local health council as provided above. 7. Rule 59C-1.008(4), F.A.C. provides: (4) Submission to Local Health Council. Each applicant shall submit a copy of its application to the applicable local health council at the same time the application is submitted to the agency. Failure to timely file with the local health council as set forth in Rule 59C-1.008(1)(k), F.A.C., will result in the application not being accepted by the agency. 8. Rules 59C-1.008(1)(k)1., and 2., and Rule 59C-1.008(4), F.A.C., became effective January 11, 1991. 9. Rules 59C-1.008(1)(k)1., and 2., and Rule 59C-1.008(4), F.A.C., were promulgated in conformance with all applicable rule promulgation procedures. The agency does not view the requirement of timely filing of a CON application with the local health council as an "omissions" item. Omissions items are addressed in section 408.037, F.S., and in rule 59C-1.010(2)(a), F.A.C. The statute describes the necessary contents of a CON application and the rule provides a process for the agency to identify missing items and notify the applicant of the specific information necessary for the application to be deemed complete. This "omissions" process occurs after the initial application filing deadline. The agency properly did not provide an opportunity for Manatee to cure its deadline defect in this omissions process, as obviously the deadline had already passed. The agency construes section 408.039(3)(a), F.S., (1993), which states in pertinent part: "An applicant shall file an application with the department, and shall furnish a copy of the application to the local health council and the department.", as requiring submission of applications by the application deadline date both to the agency and to the local health council. Manatee has not alleged that rules 59C-1.008(1)(k)1., and 2., and rule 59C-1.008(4), F.A.C., are arbitrary and capricious. Manatee's sole basis for challenge of the subject rules pursuant to section 120.56 is that the rules enlarge, modify, or contravene the statute. There is a rational policy basis for the requirement that an application be filed by the application deadline at both the agency and the local health council. The submission to the local health council provides notice to the individuals within an area. It affords an opportunity for the agency to begin to solicit information from the public. A public hearing can be requested only when an application has been submitted and a request for a public hearing cannot be based on submission of a letter of intent. The local health council is the source that local citizens may consult to find out what, if any, applications have been submitted, and the substance of any which are submitted. Timely submission to the local health council also significantly contributes to an orderly review process, and is therefore rationally related to the enabling statutes creating the certificate of need program. The requirement of filing of applications at the agency and the local health council by the application submission deadline affords consolidation of verification of proper application receipt. It also provides clear and unambiguous notice to applicants and others when applications are due and will be received. The requirement provides the agency a beginning point from which to begin reviewing applications. Unrebutted expert testimony established that the rule is necessary for the effective administration of the certificate of need program.
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the modification of the Certificate of Need ("CON") compliance conditions for CON 7923, filed by Life Care Center of Ocala; CON 9204, filed by Life Care Center of Orlando; CON 8835, filed by Life Care Center of Winter Haven; CON 8975, filed by Life Care Center of Port St. Lucie; CON 8090, filed by Life Care Center of Citrus; and CON 9200, Life Care Center of Jacksonville (collectively hereinafter "Life Care"). The Agency preliminarily denied Life Care's modification of the CON compliance condition modifications. Composite Exhibit 1. Thereafter, Life Care timely filed a Petition for Formal Administrative Hearing with respect to the denials of CON 7923, DOAH Case No. 09-6207, and CON 9204, DOAH Case No. 09-6208, CON 8835, DOAH Case No. 09-6209;, CON 8975, DOAH Case No. 09-6210; CON 8090, DOAH Case No. 09-6211; and CON 9200, DOAH Case No. 09-6212 which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH"). On November 13, 2009, DOAH entered an Order of Consolidation of the four cases. On May 16, 2011, DOAH entered an Order Continuing Case in Abeyance (with the parties to advise status by June 29, 2011). Prior to Final Hearing, the Agency entered into a Settlement Agreement with Life Care, which is attached hereto as Exhibit 2. The Agency agrees to modify and Life Care accepts these CON compliance conditions as follows upon execution of this agreement: As to CON 7923, Life Care Center of Ocala, requested a reduction of the Medicaid condition from 33.0% to 25.0% of the facility's total annual patient days. The Agency agrees to modify this condition to 25%. As to CON 9204, Life Care Center of Orlando, requested a reduction of the Medicaid condition from 31.19% to 20.0% of the facility's total annual patient days. The Agency agrees to modify this Medicaid complian e condition to 20%. As to CON 8835, Life Care Center of Winter Haven, the Medicaid compliance condition shall remain at the current condition of 45%. As to CON 8975, Life Care Center of Port St. Lucie, requested a reduction of the Medicaid condition from 47% to 30.0% of the facility's total annual patient days. The Agency agrees to modify this Medicaid compliance condition to 30%. As to CON 8090, Life Care Center of Citrus County, requested a reduction of the Medicaid condition from 45.64 to 30.0 percent of the facility's total annual patient days. The Agency agrees to modify this Medicaid compliance condition to 30%. As to CON 9200, Life Care Center of Jacksonville, requested a reduction of the Medicaid condition from 54.6% to 19.0% of the facility's total annual patient days and an additional request to amend the prior request from 19.0% to 17.0%. The Agency agrees to modify this Medicaid compliance condition to 17%. All of these compliance modifications that the Agency is to issue are contingent upon all outstanding fines by any Life Care facility that is.a party to this agreement having been paid in full to the Agency. It is ORDERED that: The Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Settlement Agreement including modification of the conditions upon payment of any fines. The above-styled cases are hereby closed. DONE AND ORDERED this :t-'t day of 2011, in Tallahassee, Florida.
Other Judicial Opinions 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 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 U.S. or interoffice mail to the persons named below on this tf75:--aay of· 2011. COPIES FURNISHED TO: RICHARD . OOP, ency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mall Stop #3 Tallahassee, Florida 32308 (850) 412-3630 Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Jay Adams, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, Florida 32302 Attorney for Life Care Centers of America (U.S. Mall) James H. Harris, Esquire Agency for Health Care Administration 525 Mirror Lake Drive, North, No. 330D St. Petersburg, Florida 33701 (Interoffice Mail) Richard Joseph Saliba, Esquire Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS 3 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills Government Analyst II Facilities Intake Unit . Agency for Health Care Administration (Interoffice Mail)
