10-009388CON The Nemours Foundation vs. Agency For Health Care Administration And Adventist Health Systems/Sunbelt, Inc., D/B/A Florida Hospital
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 27, 2010.


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1Thereafter, Nemours timely filed a Petition for Formal Administrative

10Hearing challenging the Agency' s denial of its CON applications and the

22Agency' s preliminary approval of Florida Hospital' s CON applications. All four

34CON cases were consolidated.

38On December 21, 2010, the parties filed a Joint Motion to Relinquish

50Jurisdiction.

51Thereafter, the parties entered into settlement negotiations. Pursuant

59to settlement agreement the parties agreed:

65A. That a final order be entered approving Florida Hospital' s CON

77Applications Nos. 10079 and 10081 with certain conditions as specified

87within the Settlement Agreement appearing on the face of each Certificate of

99Need.

100B. That a final order be entered approving Nemours' CON

110Application Nos. 10078 and 10080 with certain conditions as specified within

121the Settlement Agreement appearing on the face of the Certificate of Need.

133IT IS THEREFORE ORDERED AND ADJUDGED THAT:

1401. The Settlement Agreement is attached hereto and made a part

151hereof. The parties are directed to comply with the terms of the Settlement

164Agreement.

1652. The above - styled cases are hereby closed.

174N

175DONE and ORDERED this day of ,

1812011, in Tallahassee, Florida.

185Q _

187Elizabeth Ndek, Interim Secretary

191AGENCY FO HEALTH CARE ADMINISTRATION

196NOTICE OF RIGHT TO JUDICIAL REVIEW

202A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS

213ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY

222FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK

232OF AHCA, AND A COPY ALONG WITH THE FILING FEE PRESCRIBED

243BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE

254DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR

262WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE

270CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE

277RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF

289THE RENDITION OF THE ORDER TO BE REVIEWED.

297CERTIFICATE OF SERVICE

300I HEREBY CERTIFY that a true and correct copy of the foregoing

312Final Order has been furnished by U. S. or interoffice mail to the persons

326named below on this day of Gs , 2011.

334RICHARDT.— SHOOP, Age tyClerk

338Agency for Health Care Administration

3432727 Mahan Drive, Mail Stop # 3

350Tallahassee, Florida 32308

353850) 412 - 3630

357COPIES FURNISHED TO:

360Robert S. Cohen

363Administrative Law Judge

366Division of Administrative Hearings

370The DeSoto Building

3731230 Apalachee Parkway

376Tallahassee, Florida 32399 - 3060

381Stephen K. Boone, Esquire

385Boone, Boone, Koda & Fook, P. A.

3921001 Avenida Del Circo

396Post Office Box 1596

400Venice, Florida 34284 - 1596

405Thomas F. Panza, Esquire

409Deborah S. Platz, Esquire

413Panza, Maurer & Maynard, P. A.

4193600 North Federal Highway, 3rd Floor

425Fort Lauderdale, Florida 33308

429Richard Joseph Saliba, Esquire.

433Assistant General Counsel

436Agency for Health Care Administration

4412727 Mahan Drive, Building 3, MS # 3

449Tallahassee, Florida 32308

452Interoffice Mail)

454Janice Mills

456Facilities Intake

458Agency for Health Care Administration

4632727 Mahan Drive, Building 3, MS # 3

471Tallahassee, Florida 32308

474Interoffice Mail)

476n

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PDF
Date
Proceedings
PDF:
Date: 03/28/2011
Proceedings: Agency Final Order
PDF:
Date: 03/01/2011
Proceedings: Settlement Agreement filed.
PDF:
Date: 03/01/2011
Proceedings: Agency Final Order filed.
PDF:
Date: 12/27/2010
Proceedings: Order Closing Files. CASE CLOSED.
PDF:
Date: 12/21/2010
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 12/14/2010
Proceedings: Order Granting Extension of Time.
PDF:
Date: 12/13/2010
Proceedings: Joint Motion for Extension of Time to File Order of Pre-hearing Instructions filed.
PDF:
Date: 12/06/2010
Proceedings: Order Severing Cases.
PDF:
Date: 12/03/2010
Proceedings: Orlando Health's Notice of Voluntary Dismissal filed.
PDF:
Date: 11/30/2010
Proceedings: Order Requesting Order of Pre-hearing Instructions.
PDF:
Date: 11/01/2010
Proceedings: Notice of Hearing (hearing set for February 14 through 18, 21, 22, 28 through March 4 and 7 through 9, 2011; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 10/20/2010
Proceedings: Order of Consolidation (DOAH Case Nos. 10-9382CON, 10-9383CON, 10-9384CON and 10-9388CON).
PDF:
Date: 10/18/2010
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 10/12/2010
Proceedings: Order Granting Extension of Time.
PDF:
Date: 10/11/2010
Proceedings: Joint Motion for Extension of Time to Respond to the Initial Order filed.
PDF:
Date: 10/11/2010
Proceedings: Notice of Appearance (of D. Platz) filed.
PDF:
Date: 10/07/2010
Proceedings: Notice of Appearance and Petition in Support of AHCA's Initial Decision filed.
PDF:
Date: 10/07/2010
Proceedings: Notice of Appearance (of S. Boone) filed.
PDF:
Date: 09/30/2010
Proceedings: Initial Order.
PDF:
Date: 09/29/2010
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 09/29/2010
Proceedings: The Nemours Foundation's Petition for Formal Administrative Hearing filed.
PDF:
Date: 09/29/2010
Proceedings: Agency action letter filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
09/29/2010
Date Assignment:
09/30/2010
Last Docket Entry:
03/01/2011
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels