Conclusions THE PARTIES resolved all disputed issues and executed a Settlement Agreement. The parties are directed to comply with the terms of the attached settlement agreement, attached hereto and incorporated herein as Exhibit “1.” Based on the foregoing, this file is CLOSED. DONE and ORDERED on this the GE. day of ach , 2015, in Tallahassee, Florida. Led ELIZABETH DUDEK, SECRETARY Agency for Health Care Administration Final Order Engagement Nos. NH11-039L - NH11-044L Page 3 of 5 A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 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. Andy Page 2501 Blue Ridge Road, Suite 500 Raleigh, North Carolina 27607 (Via U.S. Mail) Bureau of Health Quality Assurance Agency for Health Care Administration (Interoffice Mail) Stuart Williams, General Counsel Agency for Health Care Administration (Interoffice Mail) Shena Grantham, Chief Medicaid FFS Counsel Agency for Health Care Administration (Interoffice Mail) Agency for Health Care Administration Bureau of Finance and Accounting (Interoffice Mail) Zainab Day, Medicaid Audit Services Agency for Health Care Administration (Interoffice Mail) Kristin Bigham Assistant Attorney General Office of the Attorney General (Via Interoffice Mail) State of Florida, Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Via U.S. Mail) Final Order Engagement Nos. NH11-039L - NH11-044L Page 4 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to orl the above named addressees by U.S. Mail on this the Fin of VA YA re £ , 2015. Richard J. Shoop, Esquire” Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 Final Order Engagement Nos. NH11-039L - NH11-044L Page 5 of 5
Conclusions THIS CAUSE comes before the Agency for Health Care Administration (“the Agency") concerning the Agency’s preliminary denial of HERNANDO-PASCO HOSPICE, INC.’s (“HPH”) Certificate of Need CON") 10121 to establish a serve bed inpatient. On August 19, 2011, the Agency issued and published its State Agency Action Report reflecting its initial decision to deny HPH’s CON 10121. On September 6, 2011, HPH timely filed a Petition for a Formal Administrative Hearing with respect to the Agency’s denial. Prior to a final hearing, HPH corrected and clarified the architectural information previously submitted. The Agency and HPH entered into a Settlement Agreement (Exhibit 1) with HPH. It is ORDERED that: 1, The Agency’s denial of the CON Application 10121 is hereby rescinded. Filed November 28, 2011 2:57 PM Division of Administrative Hearings 2. The parties shall comply with the terms of the Settlement Agreement. 3. That parties are responsible for their own attorney’s fees. 4. The above-styled case is hereby closed. DONE AND ORDERED this ‘2-2 day of Néve-42-_, 2011, in Tallahassee, ~ Florida. mS pe Elizab udek, Secretary Agency for Health Care Administration
Conclusions Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated October 19, 2010, attached hereto and incorporated herein (Ex. 1), and being advised that the Petitioner has voluntarily withdrawn its request for a formal hearing dated August 2, 2011 (Ex.2), and being advised of all other matters of record, the Agency for Health Care Administration (“Agency”), finds and concludes as follows: ORDERED: 1. The Petitioner's initial application for health care licensure is withdrawn. 2. The Petitioner's request for a formal hearing is withdrawn. 3. The Agency’s Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is moot and thus is withdrawn. DONE and ORDERED this /7 day of Leger , 2011, in Tallahassee, Leon County, Florida. Elizabeth Dudek, Secretary alth Care Administration 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. Copies furnished to: | Timothy G. Schoenwalder, Esquire 204 South Monroe Street Tallahassee, Florida 32301 (U.S. Mail) Warren J. Bird | Assistant General Counsel Agency for Health Care Administration (Interoffice Mail) Jan Mills Facilities Intake Unit Agency for Health Care Administration (Interoffice Mail) Roger Bell Health Care Clinic Unit Manager Agency for Health Care Administration (Interoffice Mail) Errol H. Powell Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the 78 day of as cz ‘2011. Richard Shoop, Agency C Agency for Health Care Administration 2727 Mahan Drive, Building #3
Conclusions THIS CAUSE comes before the State of Florida, Agency for Health Care Administration. (the "Agency") regarding the approval of certificate of need ("CON") applications 10170 and 10171 filed by Oglethorpe or Orlando, Inc. (“Oglethorpe”). 1. Oglethorpe filed CON application No. 10170 to establish a 28-bed adult inpatient psychiatric hospital in Osceola County, Service District 7. The Agency approved Oglethorpe’s CON application 10170. 2. Oglethorpe also filed CON application 10171 to establish a 14-bed adult inpatient substance abuse hospital in Osceola County, Service District 7. The Agency approved 1 Filed October 21, 2013 3:45 PM Division of Administrative Hearings Oglethorpe’s CON application 10171. 3, University Behavioral, LLC, d/b/a University Behavioral Center (*UBC”) filed petitions for formal hearing challenging the Agency’s approval of both of Oglethorpe’s CON applications. 4, La Amistad Residential Treatment Center, LLC, d/b/a Central Florida Behavioral Hospital (“CFBH”) filed petitions to intervene contesting the Agency's approval of both of Oglethorpe’s CON applications. 5. The parties have since entered into the attached settlement agreement. (Ex. 1) IT IS THEREFORE ORDERED: 6. The parties’ settlement agreement is approved and the parties shall comply with the terms of the settlement agreement. 7. The approval of Oglethorpe’s CON application 10170 is UPHELD in accordance with the terms and conditions set forth in the parties’ settlement agreement. 8. The approval of Oglethorpe’s CON application 10171 is UPHELD in accordance with the terms and conditions set forth in the parties’ settlement agreement. ORDERED in Tallahassee, Florida on this wha day of Crfolee. 2013. Elizabeth Agency for Hpalth 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 the original notice of appeal with the agency clerk of AHCA, and a copy along with the filing fec 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 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail or electronic mail to the persons named below on this day of Cet OF er. 2013. Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 412-3630 Janice Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) James McLemore, Supervisor Certificate of Need Unit Agency for Health Care Administration (Electronic Mail) W. David Watkins Administrative Law Judge Division of Administrative Hearings (Electronic Mail) Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration (Electronic Mail) Michael J. Glazer, Esquire Ausley McMullen 123 South Calhoun Street Tallahassee, Florida 32301 Counsel for Oglethorpe (U.S. Mail) Geoffrey D. Smith, Esquire Smith & Associates 2834 Remington Green Circle, Suite 201 Yallahassce, Florida 32308 Counsel for UBC and CFBH (U.S, Mail)
Conclusions THE PARTIES resolved all disputed issues and executed a settlement agreement, which is attached and incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the Ov. O* say ot Ascateh 2013, in Tallahassee, Leon County, Florida. Agency for Health Care Administration Filed August 23, 2013 10:42 AM Division of Administrative Hearings A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 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. Copies Furnished to: Joseph S. Speicher, CEO South County Mental Health Center, Inc. 16158 South Military Trail Delray Beach, Florida 33484 Jeffries H. Duvall, Assistant General Counsel Agency for Health Care Administration Eric W. Miller, Inspector General Agency for Health Care Administration Richard Zenuch, Bureau Chief Medicaid Program Integrity Finance & Accounting HQA (via email) CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above nd 1, named addresses by mail or interoffice mail this Z Z day of 2013. 2727 Mahan Drive, Bldg. 3, MS #3 Tallahassee, Florida 32308-5403 (850) 412-3630
