13-003275CON Hope Hospice And Community Services, Inc. vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 30, 2013.


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1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

92014 JUN IbA q: q q

15HOPE HOSPICE AND COMMUNITY

19SERVICES, INC.,

21Petitioner,

22v. DOAH Case No. 13-3275

27CON No. 10194

30STATE OF FLORIDA, AGENCY FOR AHCA No. 2013008980

38HEALTH CARE ADMINISTRATION, RENDITION NO.: ImCA· 1'1 . 0542. -S-OLC

48Respondent.

49-----------------_./

50FINAL ORDER

52THIS CAUSE comes before the State of Florida, Agency for Health Care Administration

65("the Agency") concerning Certificate of Need ("CON") Application No. 10194, submitted by

81Hope Hospice and Community Services, Inc. ("Hope Hospice"), to establish a 24-bed

95freestanding inpatient hospice facility in Lee County, AHCA District 8, Service Area 8C.

1081. On August 19, 2013, the Agency published notice of its preliminary decision to

122deny CON Application No. 10194. (Ex. 1)

1292. On August 23, 2013, Hope Hospice filed a petition for hearing challenging the

143preliminary denial of CON Application No. 10194. The matter was referred to the Division of

158Administrative Hearings ("DOAH").

1633. The parties have since entered into the attached settlement agreement (Ex. 2),

176which is adopted and incorporated into this Final Order.

185It is therefore ORDERED:

1894. CON Application No. 10194 is approved subject to the terms and conditions set

203forth in the Settlement Agreement.

208ORDERED in Tallahassee, Florida, on this B day of ,2014.

218NOTICE OF RIGHT TO JUDICIAL REVIEW

224A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

242instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second

261copy, along with filing fee as prescribed by law, with the District Court of Appeal in the

278appellate district where the Agency maintains its headquarters or where a party resides. Review

292of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

307Appeal must be filed within 30 days of rendition of the order to be reviewed.

322CERTIFICATE OF SERVICE

325I CERTIFY that a true and correct copy of this Final Order 1as served on the below-

342named persons by the method designated on this! -I. day of ,2014.

354Richata 1. Shoop, Agency Clerk

359Agency for Health Care Administration

3642727 Mahan Drive, Mail Stop #3

370Tallahassee, Florida 32308

373(850) 412-3630

375Facilities Intake Unit Lorraine M. Novak, Esquire

382Agency for Health Care Administration Office of the General Counsel

392(Electronic Mail) Agency for Health Care Administration

399(Electronic Mail)

401David M. Maloney John Robert Griffin, Esquire

408Administrative Law Judge Hope Hospice and Community Services, Inc.

417Division of Administrative Hearings 9470 HealthPark Circle

424www.doah.state.fl.us Fort Myers, Florida 33908

429(Electronic Mail) Bob.Griffin@hopehcs.org

432(Electronic Mail)

434James McLemore, Supervisor

437Certificate of Need Unit

441Agency for Health Care Administration

446(Electronic Mail)

448Florida Administrative Register Volume 39, Number 161, August 19,2013

458Section XI A request for administrative hearing, if any, must be made

470Notices Regarding Bids, Proposals and within in writing 21 days and must of the be first actually day of received publication by of this this department notice in

498Purchasing the Florida Administrative Register pursuant to Chapter 120,

507Florida Statutes, and Chapter 59C-l, Florida Administrative

514NONE Code.

516DEPARTMENT OF HEALTH

519Section XII Board of Occupational Therapy

525Miscellaneous On August 15, Notice 2013, the of Emergency State Surgeon Action General issued an

540Order of Emergency Restriction Order with regard to the

549AGENCY FOR HEALTH CARE ADMINISTRA nON license of Darren Henry Combass, P .T.A., License # PTA

565Certificate of Need 18687. This Emergency Restriction Order was predicated

575DECISIONS ON BA TCHED APPLICATIONS upon the State Surgeon General's findings of an immediate

589The Agency for Health Care Administration made the and serious danger to the public health, safety and welfare

607following decisions on Certificate of Need applications for pursuant to Sections 456.073(8) and 120.60(6), Florida

622Other Beds and Programs batching cycle with an application Statutes (2011). The State Surgeon General determinedthat

638due date of May 15,2013: this summary procedure was fair under the circumstances, in

653County: Hillsborough Service District: 6 that there was no other method available to adequately protect

668CON # 10191 Decision Date: 8/16/2013 Decision: D the public.

678FacilitylProject! Applicant: LifePath Hospice, Inc.

683Project Description: Establish an eight-bed inpatient hospice facility

691Approved Cost: $0 DEPARTMENT OF HEALTH

697County: Charlotte Service District: 8 Board of Occupational Therapy

706CON # 10192 Decision Date: 8116/2013 Decision: A Notice of Emergency Action

718Facility/Project! Applicant: Tidewell Hospice, Inc. On August 15, 2013, the State Surgeon General issued an

733Project Description: Establish a seven-bed inpatient hospice facility Order of Emergency Suspension Order with regard to the

750Approved Cost: $73,113.00 license of Michelle C. Broach, O.T., License # OT 9470. This

765County: Desoto Service District: 8 Emergency Restriction Order was predicated upon the State

778CON # 10193 Decision Date: 8116/2013 Decision: A Surgeon General's findings of an immediate and serious

794Facility/Project! Applicant: Tidewell Hospice, Inc. danger to the public health, safety and welfare pursuant to

809Project Description: Establish an eight-bed inpatient hospice facility

817Approved Cost: $49,035.00 Sections 456.073(8) and 120.60(6), Florida Statutes (20 11).

829County: Lee Service District: 8 The State Surgeon General determined that this summary

842CON # 10194 Decision Date: 8116/2013 Decision: D procedure was fair under the circumstances, in that there was

860Facility/Project/Applicant: Hope Hospice and Community no other method available to adequately protect the public.

874Services, Inc.

876Project Description: Establish a 24-bed inpatient hospice DEPARTMENT OF HEALTH

886facility Board of Occupational Therapy

891Approved Cost: $0 Notice of Emergency Action

898On August 15, 2013, the State Surgeon General issued an

908Order of Emergency Suspension Order with regard to the

917license of Melissa Terpos, R.P.T., License # RPT 39879. This

927Emergency Suspension Order was predicated upon the State

9354168 EXHIBIT 1

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/17/2014
Proceedings: Stipulation and Settlement Agreement filed.
PDF:
Date: 06/17/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 06/16/2014
Proceedings: Agency Final Order
PDF:
Date: 09/30/2013
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/25/2013
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 09/12/2013
Proceedings: Notice of Hearing (hearing set for October 10 and 11, 2013; 9:00 a.m.; Tallahassee, Florida).
PDF:
Date: 09/12/2013
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 09/12/2013
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 09/12/2013
Proceedings: Notice of Appearance (John Griffin) filed.
PDF:
Date: 09/04/2013
Proceedings: Notice of Transfer.
PDF:
Date: 08/30/2013
Proceedings: Initial Order.
PDF:
Date: 08/28/2013
Proceedings: Agency action letter filed.
PDF:
Date: 08/28/2013
Proceedings: Hope Hospice and Community Services, Inc.'s Petition for Formal Administrative Proceedings filed.
PDF:
Date: 08/28/2013
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
DAVID M. MALONEY
Date Filed:
08/28/2013
Date Assignment:
09/04/2013
Last Docket Entry:
06/17/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):