10-001681CON
Odyssey Healthcare Of Collier County, Inc., D/B/A Odyssey Healthcare Of Central Florida vs.
Florida Hospital Hospicecare, United Hospice Of Florida, And Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 9, 2010.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 9, 2010.
1STATE OF FLORIDA ICA
5DIVISION OF ADMINISTRATIVE HEARINGS MtU f CLERK
12ODYSSEY HEALTHCARE OF COLLIER 2010 AN i 2l P 12 5q
23COUNTY INC d b a ODYSSEY
29HEALTHCARE OF CENTRAL FLORIDA
33Petitioner DOAH CASE NO 10 1681CON
39AHCA CASE NO 2010003089
43VS CON NO 10071
47STATE OF FLORIDA AGENCY FOR
52HEALTH CARE ADMINISTRATION
55FLORIDA HOSPITAL HOSPICECARE
58AND UNITED HOSPICE OF FLORIDA
63INC
64Respondents
65FINAL ORDER
67THIS CAUSE comes before the AGENCY FOR HEALTH CARE
76ADMINISTRATION the Agency concerning co batched Certificate of Need
85CON Application Nos 10069 10072 seeking to establish a new hospice
96program in Orange County District 7 13
103ODYSSEY HEALTHCARE OF COLLIER COUNTY INC d b a ODYSSEY
113HEALTHCARE OF CENTRAL FLORIDA hereinafter Odyssey Healthcare filed
121CON Application No 10071 in the Second Batching Cycle of 2009 The
133application was denied
136Thereafter Odyssey Healthcare timely filed a Petition for Formal
145Administrative Hearing with respect to its denial The Petition was
155forwarded by the Agency Clerk to the Division of Administrative Hearing
166DOAH
167On June 8 2010 Odyssey Healthcare filed its voluntary dismissal of
178the DOAH Case No 10 1681CON Ex 1
186On June 9 2010 an Order Severing DOAH Case No 10 1681CON
198Ex 2 and an Order Closing file Ex 3 were issued by DOAH as a result of
215Odyssey Healthcare s voluntary dismissal
220It is therefore ORDERED and ADJUDGED
2261 The voluntary dismissal by Odyssey Healthcare is hereby
235acknowledged and accepted
2382 CON Application No 10071 is hereby denied
2463 The above styled case is hereby closed
254DONE and ORDERED this day of August 2010 in Tallahassee
264Florida
265THO S W ARNO D Secretary
271AGENCY FOR HEALTH CARE ADMINISTRATION
276NOTICE OF RIGHT TO JUDICIAL REVIEW
282A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
293ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY
302FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK
312OF AHCA AND A COPY ALONG WITH THE FILING FEE PRESCRIBED
323BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
334DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR
342WHERE A PARTY RESIDES REVIEW PROCEEDINGS SHALL BE
350CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE
357RULES THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF
369THE RENDITION OF THE ORDER TO BE REVIEWED
377CERTIFICATE OF SERVICE
380I HEREBY CERTIFY that a true and correct copy of the foregoing
392Final Order has been furnished by U S or interoffice mail to the persons
4061
407named below on this o ws 2010
414RICHARD J SHOOP Agency Clerk
419Agency for Health Care Administration
4242727 Mahan Drive Mail Stop 3
430Tallahassee Florida 32308
433850 3630 412
436COPIES FURNISHED TO
439Charles A Stampelos
442Administrative Law Judge
445Division of Administrative Hearings
449The DeSoto Building
4521230 Apalachee Parkway
455Tallahassee Florida 32399 3060
459Stephen K Boone Esquire
463Boone Boone Boone Koda Frook P A
4701001 Avenida Del Circo
474Post Office Box 1596
478Venice Florida 34284
481Geoffrey D Smith Esquire
485Susan C Smith Esquire
489Timothy B Elliott Esquire
493Smith Associates
4952873 Remington Green Circle
499Tallahassee Florida 32308
502Mark A Emanuele Esquire
506Deborah S Platz Esquire
510Elizabeth Lauren Pedersen Esquire
514Panza Maurer Maynard P A
519Bank of America Building Third Floor
5253600 North Federal Highway
529Fort Lauderdale Florida 33308
533Lorraine M Novak Esquire
537Assistant General Counsel
540Agency for Health Care Administration
5452727 Mahan Drive Bldg 3 MS 3
552Tallahassee Florida 32308
555By Interoffice Mail
558Janice Mills
560Government Analyst II
563Facilities Intake
565Agency for Health Care Administration
5702727 Mahan Drive Building 3 MS 3
577Tallahassee Florida 32308
580By Interoffice Mail
- Date
- Proceedings
- PDF:
- Date: 06/08/2010
- Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Notice of Voluntary Dismissal filed.
- PDF:
- Date: 05/07/2010
- Proceedings: Notice of Filing Proposed Order of Pre-hearing Instructions filed.
- PDF:
- Date: 05/05/2010
- Proceedings: Order Granting Extension of Time (the proposed order of pre-hearing instructions to be filed by May 7, 2010).
- PDF:
- Date: 04/28/2010
- Proceedings: Order Granting Extension of Time (proposed order of pre-hearing instructions to be filed by May 4, 2010).
- PDF:
- Date: 04/21/2010
- Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Notice of Unavailability/Conflict filed.
- PDF:
- Date: 04/13/2010
- Proceedings: Order (parties are to file a proposed order of pre-hearing instructions within 14 days of order).
- PDF:
- Date: 04/13/2010
- Proceedings: Notice of Hearing (hearing set for September 13 through 17, 20 through 23 and September 27 through October 1, 2010; 9:00 a.m.; Tallahassee, FL).
- PDF:
- Date: 04/08/2010
- Proceedings: Order (Petitioner's motion to amend style of case is moot as the style of the case has already been changed).
- PDF:
- Date: 04/02/2010
- Proceedings: Order Granting Extension of Time (response to the Initial Order to be filed by April 9, 2010).
- PDF:
- Date: 03/31/2010
- Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Unopposed Motion for Four (4) Day Extension of Time to Respond to Initial Order filed.
- PDF:
- Date: 03/31/2010
- Proceedings: Letter to Judge Stampelos from P.Amundsen requesting to file a formal notice in case filed.
- PDF:
- Date: 03/24/2010
- Proceedings: State Agency Action Report on Application for Certificate of Need filed.
Case Information
- Judge:
- CHARLES A. STAMPELOS
- Date Filed:
- 03/26/2010
- Date Assignment:
- 03/29/2010
- Last Docket Entry:
- 08/27/2010
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
- Suffix:
- CON
Counsels
-
Stephen K. Boone, Esquire
Address of Record -
Mark A. Emanuele, Esquire
Address of Record -
Lorraine M. Novak, Esquire
Address of Record -
Deborah S Platz, Esquire
Address of Record -
Geoffrey D. Smith, Esquire
Address of Record -
Susan Crystal Smith, Esquire
Address of Record -
Lorraine Marie Novak, Esquire
Address of Record -
Geoffrey D Smith, Esquire
Address of Record