14-005120 Hospice Of Citrus County, Inc., D/B/A Hospice Of Citrus And The Nature Coast vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 15, 2015.

STATE OF FLORIDA D

AGENCY FOR HEALTH CARE ADMINISTRATION r} CP4CY CLERK

HOSPICE OF CITRUS COUNTY, 2015 MAY 28 A 1

INC. d/ a b/ HOSPICE OF CITRUS

AND THE NATURE COAST,

Petitioner, DOAH NO. 14- 5120

AHCA NO.: 2014010604

VS.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

and

HERNANDO- PASCO HOSPICE, INC,

Intervenor.

FINAL ORDER

THIS CAUSE comes before the Agency for Health Care Administration (" the Agency")

concerning the Fixed Need Pool of Hospice Service Area 3D for Second Batching Cycle for

Others Beds.

1. On March 11, 2013, Hernando- Pasco Hospice, Inc. (" Hernando") filed a Petition

for Formal Administrative Hearing challenging the Agency' s initial decision to approve Hospice

of Citrus County, Inc. d/ a b/ Hospice of Citrus and The Nature Coast (" Hospice Citrus"). That

matter was the subject of a separate administrative proceeding before the Division of

Administrative Hearings (" DOAH")

2. On October 3, the Agency published the fixed need pool indicating a need of zero

for hospice programs in Hospice Service Area 3D for the 2014 Second Batching Cycle for Other

Beds and Programs. ( Ex. A)

Page 1 of 3

3. On October 13, 2014, Hospice Citrus advised the Agency ofwhat it believed to be

an error in the calculations.

4. On October 24, 2014, Hospice Citrus filed a Petition for Formal Administrative

Proceeding contesting the Agency's published fixed need pool.

5. On April 14, 2015, Hospice Citrus filed a Notice of Voluntary Dismissal.

6. On April 15, 2015, the DOAH entered an Order Closing File and Relinquishing

Jurisdiction.

Based upon the foregoing, it is ORDERED:

1. The Agency's decision regarding the Hospice Service Area 3D for the 2014

Second Batching Cycle for Other Beds and Programs is upheld.

ORDERED in Tallahassee, Florida, on thisd]day of /Jl t2.&f , 2015.

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek judicial review which

shall be instituted by filing one copy of a notice of appeal with the clerk agency 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.

Page 2 of3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final has

been U.S. Mail or interoffice mail to the persons named below on this$ day

of /V'/d Z , 2015.

7

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

John D. C. Newton, II

Administrative Law Judge

Division of Administrative llearings

(Electronic Mail)

Seann M. Frazier, Esquire

Parker Hudson Rainer & Dobbs

215 South Monroe Street, Suite 750

Tallahassee, Florida 3 23 0 1-1804

Counsel for Hernando-Pasco Hospice, Inc.

(U.S. Mail)

Susan L. St. John, Esquire

Post Office Box 13545

Tallahassee, Florida 32317

Counsel for Hospice of Citrus and the Nature Coast

(U.S. Mail)

Richard Joseph Saliba

Assistant General Counsel

Agency for Health Care Administration

(Electronic Mail)

Facilities Intake

Agency for Health Care Administration

(Electronic Mail)

Page 3 of3

Florida Administrative Register Volume 40, Number 193, October 3, 2014

authorized by the Owner. The District reserves the right to pediatric cardiac catheterization programs for January 2017,

reject any and all bids. Contract documents for bidding may pe pursuant to the provisions of Rules 59C-1.008, 59C·1.032 and

obtained at the office of: ARC/4613 Phillips Highway, Suite 59C-1 .033, F.A.C. Letters of intent to apply for Certificates of

202/ FL 32207/ [phone]. Contract Need pursuant to this notice must be filed with the Certificate

documents for bidding may be examined at the Duval County .ofNeed Program Office, 2727 Mahan Drive, Building.!, Room

Public Schools Aqministration Building located at 1701 321, MS 28, Tallahassee, Florida 32308, on or before 5:00p.m.,

Prudential Drive, Jacksonville, FL 32207. Name of AlE Firm: October 20, 2014.

Haddad Engineering, Inc, 2955 Hartley Road, Suite 205, Any who identifies an error in the fixed need pool

Jacksonville, FL 32257/relephone [phone]. MBE numbers must advise the agency of the error within ten (1 0)

Participation Goal: 15% overall based on available MBE's. All days of publication of the number. If the Agency concurs with

Contractors subl)litting bids must. be prequalified with Duval the error, the fixed need pool numbers will be adjusted and

County Public Schools at the time of the bid opening. No bids republished in the first available edition of the Florida

will be accepted from Contractors who are not prequalified with Administrative Register. Failure to notifY the agency of the

Duval County Public Schools. Prequalification forms and error during this ten day time period will result in no adjustment

information may be obtained at www.duvalschools.org under to the fixed need pool number for this cycle and a waiver ofthe

Pepartments/Facilities/Forms and Standards/General person's right to raise the error at subsequent proceedings. Any

Documents/Contractor Prequalification Procedures. The Bjd other adjustments will be made in the first cycle to

A ward Recommendation will be posted on the first floor identification of the error including those errors identified

bulletin. board at the Duval County School Board Building, through administrative hearings or final judicial review.

1701 Prudential Drive, Jacksonville, Florida 32207-8182. Any person whose subsumtial interest is. affected by this action

and who.timely advised the agency of an error in the action has

Section XII a right to request an administrative hearing pursuant to Section

Miscellaneous 120.57, Florida Statutes. In order to request a proceeding under

Section 120.57, Florida Statutes, your request for an

AGENCY FOR HEALTH CARE ADMINISTRATION administrative hearing must state with specificity which issues

Certificate of Need ofmater1al fact or law are in dispute. All requests for hearings

NOTICE OF PEDIATRIC OPEN HEART SURGERY shall be made to the Agency for Health Care Administration

PROGRAMS AND PEDIATRIC CARDIAC and must be filed with the agency clerk at 2727 Mahan ]),rive,

CATHETERIZATION PROGRAMS FIXED NEED POOLS Building 3, Room 3431, MS 3, Tallahassee, Flori cia, 32308, All

The Agency for Health Care Administration has projected fixed requests for hearings must be filed with the agency clerk within

need pools for pediatric open heart surgery programs and 21 days of this publication or the right to a hearing is waived.

Pediatric Cardiac Catheterization Programs - Pediatric Open Heart Surgery Programs Net Need

Service Area Net Need Service Area Net Need

0 4 0

2 0 5 0

3 .0 Total 0

AGENCY FOR HEALTH CARE ADMINISTRATION Office, 2727 Mahan Drive, Building 1, Room 321, MS 28,

Certificate of Need Tallahassee, Florida 32308, on or before 5:00p.m., October 20, ·

NOTICE OF HOSPICE PROGRAM FIXED NEED POOL 2014.

The Agency for Health Care Administration has projected a Any person who identifies an error in the fixed need pool

fixed need pool for hospice programs, defined in accordance !lUmbers must advise the agency of the error within ten (10)

with Sections 400.601-400.602, Florida Statutes (F.S.) and days ofthe publication. lfthe agency concurs with the error, the

408.03}-408.045, F.S. Fixed need pool projections are for fixed need pool number will be adjusted and republished in the

hospice programs planned for January 2016, pursuant to the first available edition of the Florida Administrative Register.

provisions of.Rule 59C-1.0355, Florida Administrative Code. Failure to notify the agency of the error during this ten day

Letters of intent to apply for Certificates of Need pursuant to period waives a person's right to raise the error at subsequent

this notice must be filed with the Certificate of Need Program proceedings. Any other adjustments will be made in the first

4343

EXHIBIT A

Florida Administrative Register . Volume 40, Number 193, October 3, 2014

cycle subsequent to identification of the error including those Any person who identifies ·an error in the fixed need pool

errors identified through administrative hearings or final numbers must advise the agency of the error within ten (1 0)

judicial review. days ofpublication ofthe·number. Ifthe.agency concurs with

Any person whose substantial interest is affected by this action the· error, the fixeq need pool number will be adjusted and

and who timely advised the agency of an error in the action has republished in the first avaii!Wle edition of the Florida

a right to request an administrative hearing pursuant to Section Administrative Register. Failure to notify the agency of the

120.57, F.S. In order to request a proceeding under Section error during this ten day time period will result. in no adjustment

120.57, F.S., a request for an administrative hearing must state to the fixed need pool number for this cycle and a waiver of the

with specificity which issues of material fact or law are in person's right to raise the error at subsequent proceedings. Any

dispute. All requests for heari.ngs shall be made to the Agency other adjustments will be made in the first cycle subsequent to

for Health Care Administration and must be filed with the of the error including those errors identified

agency clerk at 2727 Mahan Drive, Building 3, Room 3431 ,MS. through administrative hearings or final judicial review.

3, Tallahassee, Florida 32308. All requests for hearings must be Any person whose substantial interest is affected by this action

filed wjth·the agency clerk within 2I days of this publication or and who timely advised the agency of any error in the action

the right to a hearing is waived. has a right to request an administrative hearing pursuant to

Hospice Program Net Need Section 120.57, Florida Statutes. In order to request a

Service Area Net Need Service Area Net Need proceeding under Section 120.57, Florida Statutes, your request

District I 0 Subdistrict 6C 0 for an administrative hearing must state with specificity which

Subdistrict 2A 0 Subdistrict 7 A 0 issues of material fact or law are in dispute. All requests for

Subdistrict 28 0 Subdistrict 7B 0 hearings shall be made to the Agency for Health Care

Subdistrict 3A 0 Subdistrict 7C 0 Administration and must be filed with the agency clerk at 2727

Sllbdistrict 3B 0 Subdistrict 8A 0 Mahan Drive, Building 3, Room 3431, MS 3, Tallahallsee,

Subdistrict 3C 0 Subdistrict 8B 0 Florida 32308. All requests for hearings must be.filed with the

Subdistrict 3D 0 Subdistrict 8C 0 agency clerk within 21 days of this publication or the right to a

Subdistrict 3E 0 Subdistrict 8D 0 hearing is waiv.ed.

Subdistrict 4A 0 Subdistrict 9A 0

Subdistrict 4B 0 Subdistrict 9B 0 Community Nursing Home Bed Need

Subdistrict SA 1 Subdistrict 9C 0 Bed Need

Subdistrict 5B 0 District 10 0 District 1

Subdistrict 6A 1 District 11 0 Subdistrict 1 160

Subdistrict 6B 0 Total 2 Subdistrict 2 0

Subdistrict 3 0

AGENCY FOR HEALTH CARE ADMINISTRATION District 2 Subdistrict I 56

Certificate ofNeed Subdistrict 2 63

NOTlCE OF FIXED NEED POOLS FOR COMMUNITY Subdistrict 3 14

NURSING HOME BEDS Subdistrict 4 86

The Agency for Health Care Administration has projected a Subdistrict 5 19

fixed bed need pool for community nursing home beds for July District 3

20.17 pursuant to the provisions of Section 408.034(5), Florida Subdistrict I 99

Statutes and Rules 59C-1.008 and59C-1.036, F.A.C. Net bed Subdistrict 2 227

need projections for community nursing home beds have been Subdistrict 3 43

adjusted according to occupancy rate. thresholds as prescribed Subdistrict 4 140

by the above-mentioned rules. Letters of intent to apply for Subdistrict 5 65

Certificates of Need pursuant to this notice m1.1st be filed wlth Subdistrict 6 66

the Certificate of Need Program Office, 2727 Mahan Drive Subdistrict 7 205

Building 1, Room 321, MS is, Tallahassee, Florida, 32308, District 4

or before 5:00p.m., October 20, 20I4. Subdistrict 1 111

Subdistrict 2 170

Subdistrict 3 167

Subdistrict 4 0