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Home » Cases Under Administrative Hearing » 13-000164CON

13-000164CON Genesis Rehabilitation Hospital, Inc., D/B/A Brooks Rehabilitation Hospital vs. Orange Park Medical Center, Inc., D/B/A Orange Park Medical Center, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 20, 2013.

View Dockets  

1STATE OF FLORIDA FILED

5AGENCY FOR HEALTH CARE ADMINISTRATION AHCA

11AGENCY CLERK

13GENESIS REHABILITATION HOSPITAL,

16INC. d/ a b/ BROOKS REHABILITATION 2014 JAN 21 P I: 53

28HOSPITAL,

29Petitioner, DOAH NO. 13- 0164CON

34CON NO. 10160

37V. AHCA No. 2013000318

41STATE OF FLORIDA, AGENCY FOR RENDITION NO.: AHCA- 065cc, - S- OLC

53HEALTH CARE ADMINISTRATION and

57ORANGE PARK MEDICAL CENTER, INC.,

62Respondents.

63FINAL ORDER

65THIS CAUSE comes before the State of Florida, Agency for Health Care Administration (" the

80Agency") regarding certificate of need (" CON") application number 10160 filed by Orange Park

96Medical Center, Inc. (" Orange Park") which sought to establish a 20- bed comprehensive medical

112rehabilitation (" CMR") unit in its hospital located in Orange Park, Florida, District 4.

1271. The Agency approved Orange Park' s CON application 10160.

1372. Genesis Rehabilitation Hospital, Inc. d/ a b/ Brooks Rehabilitation Hospital (" Brooks")

151filed a petition for formal hearing challenging the Agency' s preliminary approval of CON application

166number 10160.

1683. The parties have entered into the attached Settlement Agreement, which is adopted and

182incorporated into this Final Order. ( Ex. 1)

190IT IS THEREFORE ORDERED:

1944. The approval of Orange Park' s CON application number 10160 is UPHELD subject to

209the conditions outlined in the application and the terms of the executed settlement.

222ORDERED in Tallahassee, Florida on this QZ day of 2014.

232Elizabeth D ek, Secretary

236Agency for ealth Care Administration

241NOTICE OF RIGHT TO JUDICIAL REVIEW

247A party who is adversely affected by this final order is entitled to judicial review, which shall be

265instituted by filing the original notice of appeal with the agency clerk of AHCA, and a copy along with

284the filing fee prescribed by law with the district court of appeal in the appellate district where the

302Agency maintains its headquarters or where a party resides. Review proceedings shall be conducted in

317accordance with the Florida appellate rules. The notice of appeal must be filed within 30 days of the

335rendition of the order to be reviewed.

342CERTIFICATE OF SERVICE

345I HEREBY CERTIFY that a true and correct copy of the foregoing Final Orde as been

361furnished b U. S. Mail or electronic mail to the persons named below on this ay of

3782014.

379Richard J. Shoop, Agency Clerk

384Agency for Health Care Administration

3892727 Mahan Drive, Mail Stop 43

395Tallahassee, Florida 32308

398850) 412- 3630

401Janice Mills James McLemore, Supervisor

406Facilities Intake Unit Certificate of Need Unit

413Agency for Health Care Administration Agency for Health Care Administration

423Electronic Mail) Electronic Mail)

427Lorraine M. Novak, Esquire Stephen A. Ecenia, Esquire

435Agency for Health Care Administration Rutledge Ecenia, P. A.

4442727 Mahan Drive, MS # 3 Post Office Box 551

454Tallahassee, Florida 32308 Tallahassee, Florida 32301

460Electronic Mail) Steve@reuphlaw. com

464Electronic Mail)

466John D. C. Newton, II Stephen C. Emmanuel, Esquire

475Administrative Law Judge Ausley & McMullen

481Division of Administrative Hearings 123 South Calhoun Street

489Electronic Mail) Tallahassee, Florida 32301

494Semmanuel@ausley. com

496Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/28/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 01/27/2014
Proceedings: Agency Final Order
PDF:
Date: 12/20/2013
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/19/2013
Proceedings: Joint Motion for Entry of Order Relinquishing Jurisdiction and Closing DOAH File filed.
Date: 11/13/2013
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 11/07/2013
Proceedings: Notice of Telephonic Status Conference (status conference set for November 13, 2013; 11:00 a.m.).
PDF:
Date: 08/22/2013
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 08/22/2013
Proceedings: Notice of Hearing (hearing set for January 27 through 31 and February 3 through 7, 2014; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 08/20/2013
Proceedings: Third Joint Status Report and Request for Continued Abeyance filed.
PDF:
Date: 07/18/2013
Proceedings: Third Order of Abatement (parties to advise status by August 20, 2013).
PDF:
Date: 07/17/2013
Proceedings: Second Joint Status Report and Request for Continued Abeyance filed.
PDF:
Date: 06/17/2013
Proceedings: Second Order of Abatement (parties to advise status by July 17, 2013).
Date: 06/10/2013
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 06/06/2013
Proceedings: Notice of Telephonic Status Conference (status conference set for June 10, 2013; 9:30 a.m.).
PDF:
Date: 06/06/2013
Proceedings: Joint Status Report and Request for Continued Abeyance filed.
PDF:
Date: 05/07/2013
Proceedings: Order Granting Continuance and Placing Case in Abeyance (parties to advise status by June 10, 2013).
PDF:
Date: 05/06/2013
Proceedings: Unopposed Joint Motion for Continuance and to Place Case in Abeyance filed.
PDF:
Date: 05/01/2013
Proceedings: Orange Park Medical Center's Final Witness List filed.
PDF:
Date: 05/01/2013
Proceedings: Notice of Taking Deposition to Preserve Testimony (of M. Gilligan) filed.
PDF:
Date: 05/01/2013
Proceedings: Brooks Rehabilitation Hospital's Notice of Taking Deposition (of G. Stanley and R. Kitchen) filed.
PDF:
Date: 05/01/2013
Proceedings: Notice of Taking Deposition Duces Tecum (of D. Weiner) filed.
PDF:
Date: 05/01/2013
Proceedings: Brooks Rehabilitation Hospital's Amended Notice of Taking Deposition (of T. Pentz) filed.
PDF:
Date: 04/30/2013
Proceedings: Notice of Taking Depositions (of M. Spigel and T. Paris) filed.
PDF:
Date: 04/30/2013
Proceedings: Notice of Taking Deposition (of B. Greene) filed.
PDF:
Date: 04/29/2013
Proceedings: Notice of Taking Deposition to Preserve Testimony filed.
PDF:
Date: 04/26/2013
Proceedings: Orange Park Medical Center's First Amended Preliminary Witness List filed.
PDF:
Date: 04/24/2013
Proceedings: Notice of Taking Deposition (of D. Sullivan) filed.
PDF:
Date: 04/22/2013
Proceedings: Notice of Appearance (Eugene Rivers) filed.
PDF:
Date: 04/19/2013
Proceedings: Brooks Rehabilitation Hospital's Amended Preliminary Witness List filed.
PDF:
Date: 04/19/2013
Proceedings: Brooks Rehabilitation Hospital's Notice of Taking Deposition (of T. Pentz) filed.
PDF:
Date: 04/19/2013
Proceedings: Notice of Taking Depositions (of M. Edwards, M. Gilligan, A. Udekwu, and I. Rodriguez) filed.
PDF:
Date: 04/15/2013
Proceedings: Brooks Rehabilitation Hospital's First Request for Admissions to Agency for Health Care Administration filed.
PDF:
Date: 04/15/2013
Proceedings: Brooks Rehabilitation Hospital's Second Request for Admissions to Orange Park Medical Center filed.
PDF:
Date: 04/04/2013
Proceedings: Notice of Telephonic Pre-hearing Conference (set for May 29, 2013; 9:00 a.m.).
PDF:
Date: 04/02/2013
Proceedings: Brooks Rehabilitation Hospital's First Request for Admissions to Orange Park Medical Center, Inc. filed.
PDF:
Date: 04/01/2013
Proceedings: Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Fourth Request for Production of Documents filed.
PDF:
Date: 03/25/2013
Proceedings: Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Third Request for Production of Documents filed.
PDF:
Date: 03/22/2013
Proceedings: Orange Park Medical Center's Preliminary Witness List filed.
PDF:
Date: 03/22/2013
Proceedings: Brooks Rehabilitation Hospital's Preliminary Witness List filed.
PDF:
Date: 03/14/2013
Proceedings: Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's Second Request for Production of Documents filed.
PDF:
Date: 03/14/2013
Proceedings: Orange Park Medical Center's Notice of Service of Answers and Objections to Brooks Rehabilitation Hospital's Second Set of Interrogatories filed.
PDF:
Date: 03/08/2013
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 03/01/2013
Proceedings: Brooks Rehabilitation Hospital's Fourth Request for Production of Documents to Orange Park Medical Center filed.
PDF:
Date: 02/26/2013
Proceedings: Orange Park Medical Center, Inc.'s Response to Brooks Rehabilitation Hospital's First Request for Production of Documents filed.
PDF:
Date: 02/26/2013
Proceedings: Orange Park Medical Center's Notice of Answers and Objections to Brooks Rehabilitation Hospital's First Set of Interrogatories filed.
PDF:
Date: 02/22/2013
Proceedings: Brooks' Response to Orange Park's First Request for Production of Documents filed.
PDF:
Date: 02/22/2013
Proceedings: Brooks Rehabilitation Hospital's Notice of Service of Responses to Orange Park Medical Center's First Set of Interrogatories filed.
PDF:
Date: 02/21/2013
Proceedings: Brooks Rehabilitation Hospital's Third Request for Production of Documents to Orange Park Medical Center filed.
PDF:
Date: 02/19/2013
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/18/2013
Proceedings: Joint Response to Order Requesting Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 02/08/2013
Proceedings: Brooks Rehabilitation Hospital's Second Request for Production of Documents to Orange Park Medical Center filed.
PDF:
Date: 02/08/2013
Proceedings: Brooks Rehabilitation Hospital's Notice of Service of Second Set of Interrogatories to Orange Park Medical Center filed.
PDF:
Date: 02/08/2013
Proceedings: Orange Park Medical Center's First Request for Production of Documents to Brooks Rehabilitation Hospital filed.
PDF:
Date: 02/08/2013
Proceedings: Notice of Service of First Interrogatories to Brooks Rehabilitation Hospital filed.
PDF:
Date: 02/08/2013
Proceedings: Notice of Appearance (filed by Stephen Ecenia, R. Prescott, and Rick Ellis) filed.
PDF:
Date: 02/08/2013
Proceedings: Notice of Filing (Notice of Appearance, Notice of Service of Orange Park Medical Center, Inc.'s First Set of Interrogatories to Brooks Rehabilitation Hospital, and Orange Park Medical Center, Inc.'s First Request for Production of Documents to Brooks Rehabilitation Hospital) filed.
PDF:
Date: 02/06/2013
Proceedings: Notice of Appearance (filed by R. Prescott) filed.
PDF:
Date: 02/05/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/05/2013
Proceedings: Unopposed Joint Motion for Extension of Time to File Proposed Pre Hearing Order filed.
PDF:
Date: 01/30/2013
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 01/30/2013
Proceedings: Notice of Hearing (hearing set for June 10 through 13 and 17 through 20, 2013; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 01/28/2013
Proceedings: Settlement Agreement filed.
PDF:
Date: 01/25/2013
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/17/2013
Proceedings: Initial Order.
PDF:
Date: 01/14/2013
Proceedings: Agency action letter filed.
PDF:
Date: 01/14/2013
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 01/14/2013
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/14/2013
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 01/14/2013
Proceedings: Brooks Rehabilitation Hospital's First Request for Production of Documents to Orange Park Medical Center filed.
PDF:
Date: 01/14/2013
Proceedings: Brooks Rehabilitation Hospital's Notice of Service of First Set of Interrogatories to Orange Park Medical Center filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
01/14/2013
Date Assignment:
01/17/2013
Last Docket Entry:
01/28/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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