Conclusions THE PARTIES resolved all disputed issues and executed Settlement Agreement. The parties are directed to comply with the terms of the attached repayment agreement. Based on the foregoing, this case is CLOSED. DONE AND ORDERED this Ss HK say of Leeemtu_. 2014, in Tallahassee, Florida. , * beth Dudek, Segfetary gency for Health Gare Administration Agency For Healthcare Administration v. Suncoast Open MRI LLC. C.I. No. 13-0418-000 Filed December 10, 2014 2:55 PM 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: Robert Antonie Milne, Esq., Assistant Attorney General Florida Bar No.: 622338 Office of the Attorney General The Capitol, Suite PL-01 Tallahassee, Florida 32399-1050 Telephone: (850) 414-3713 Facsimile: (850) 922-6425 Robert.Milne@myfloridalegal.com Jay Adams, Esq. Florida Bar No.: 341819 Broad & Cassel 215 South Monroe Street Tallahassee, Florida 32301 (850) 681-6810 FAX (850) 521-1441 jadams@broadandcassel.com Lester J. Perling, Esq. Florida Bar No.: 13854 Broad & Cassel One Financial Plaza 100 S.E.3" Avenue Suite 2700 Fort Lauderdale Florida, 33394 (954) 764-7060 FAX (954) 761-8135 Iperling@broadandcassel.com Kelly Bennett, Chief Medicaid Program Integrity Finance and Accounting Health Quality Assurance Agency For Healthcare Administration V. Suncoast Open MRI LLC. C.I. No. 13-0418-000 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail or other designated method on this the day of / dcn. bef 14. Richard J. Shoop, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308-5403 (850) 412-3630/FAX (850) 921-0158 Agency For Healthcare Administration V. Suncoast Open MRI LLC. C.I. No. 13-0418-000
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. Based on the foregoing, this file is CLOSED. ‘A DONE and ORDERED on this the /?” day of Dewmber , 2014, in Tallahassee, Florida. M1 * for ELIZABETH DYDEK, SECRETARY Agency for Health Care Administration Filed January 7, 2015 8:00 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: Kristin Bigham Assistant Attorney General Civil Litigation / State Programs Office of the Attorney General kristin.bigham@myfloridalegal.com (Electronic Mail) Peter A. Lewis, Esquire 3023 N Shannon Lakes Drive, Suite 101 Tallahassee, Florida 32309-2368 palewis(@petelewislaw.com (Electronic Mail) June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Electronic mail) Thomas Wallace Bureau Chief of Medicaid Program Finance Agency for Health Care Administration 2727 Mahan Drive, Mail Station 23 Tallahassee, Florida 32308 (Electronic Mail) Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Station 9 Tallahassee, Florida 32308 (Interoffice Mail) Stuart Williams, General Counsel Agency for Health Care Administration 2727 Mahan Drive Building 3, Mail Station 3 Tallahassee, Florida 32308 (Electronic Mail) Shena Grantham, Chief Medicaid FFS Counsel Agency for Health Care Administration 2727 Mahan Drive Building 3, Mail Station 3 Tallahassee, Florida 32308 (Electronic Mail) Karen Chang, Bureau Chief Medicaid Program Analysis 2727 Mahan Drive Building 2, Mail Station 21 Tallahassee, Florida 32308 (Electronic Mail) Agency for Health Care Administration Bureau of Finance and Accounting 2727 Mahan Drive Building 2, Mail Station 14 Tallahassee, Florida 32308 (Electronic Mail) Zainab Day, Medicaid Audit Services Agency for Health Care Administration 2727 Mahan Drive, Mail Station 21 Tallahassee, Florida 32308 (Electronic Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to f ae the above named addressees by U.S. Mail, Laserfiche or electronic mail on this thes” day of aa Richard Shoop, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308-5403 (850) 412-3630/FAX (850) 921-0158 December, 2014.
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 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. Based on the foregoing, this file is CLOSED. DONE AND ORDERED this AY %y of rag. , 2014, in Tallahassee, Leon County, Florida. ° X Lf for ELIZABETH DYDEK, SECRETARY Agency for Health Care Administration Page 1 of 3 Filed May 30, 2014 12:56 PM 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: Shannon L. Drake, Esquire Gentiva Health Services, Inc. 3350 Riverwood Parkway, Suite 1400 Atlanta, Georgia 30339 (U.S. Mail) Agency for Health Care Administration Office of the General Counsel, MS #3 Douglas J. Lomonico, Assistant General Counsel Agency for Health Care Administration Bureau of Finance and Accounting, MS #14 Agency for Health Care Administration Bureau of Medicaid Program Integrity, MS#6 ATTN: Rick Zenuch, Bureau Chief Health Quality Assurance Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished by United States Mail, interoffice mail, or email transmission to the above-referenced addressees this Dina Merz , 2014. : RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Telephone No. (850)-412-3630 Fax No. (850)-921-0158 Page 3 of 3
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10101 to establish a comprehensive medical rehabilitation unit of up to 40 beds which was filed by HALIFAX HOSPITAL MEDICAL CENTER, INC. d/b/a HALIFAX HEALTH MEDICAL CENTER (hereinafter “Halifax”) in the Second Batching Cycle of 2010. The Agency, being otherwise well-advised in the premises and all other matters of record, has entered into a Settlement Agreement (Ex. 1) with Petitioner and concludes as follows: The Agency preliminarily denied Halifax’s CON application. Thereafter, Halifax timely filed a Petition for Formal Administrative Hearing challenging the denial of CON 10101, DOAH Case No. 11-268, which Filed May 12, 2011 4:03 PM Division of Administrative Hearings the Agency Clerk forwarded to the Division of Administrative Hearings (“DOAH’). On February 2, 2011, Memorial Health Systems, Inc. d/b/a Florida Hospital Oceanside (“Oceanside”) filed a petition to intervene in support of the Agency’s denial of Halifax’s CON 10101. On May 3, 2011, Oceanside filed a Notice of Withdrawal, and withdrew the motion to intervene and dismiss its challenge with prejudice. On May 3, 2011, DOAH issued an Order removing Oceanside as an Intervenor and dismissing its challenge. On May 6, 2011, DOAH entered an order which closed the file at the Division. Subsequent to the filing of the Notice of Withdrawal by Oceanside, the Agency has reviewed the merits of this certificate of need and has determined on balance that the issuance of this CON is warranted. It is therefore ORDERED and ADJUDGED: 1. The Notice of Withdrawal filed by Oceanside and the Order Closing File DOAH are hereby acknowledged and accepted. 2. The Agency hereby awards CON 10101 to Halifax and the Agency is directed to issue to Halifax CON 10101. 3. The Parties shall abide by the terms and conditions of the Settlement Agreement. 4. The above-styled case is hereby closed. DONE and ORDERED this _ // day of i, Mar , 2011, in Tallahassee, Florida. ELIZABETH NUDEK, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION
