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.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2014 JUN IbA q: q q

HOPE HOSPICE AND COMMUNITY

SERVICES, INC.,

Petitioner,

v. DOAH Case No. 13-3275

CON No. 10194

STATE OF FLORIDA, AGENCY FOR AHCA No. 2013008980

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

Respondent.

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

FINAL ORDER

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

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

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

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

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

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

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

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

Administrative Hearings ("DOAH").

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

which is adopted and incorporated into this Final Order.

It is therefore ORDERED:

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

forth in the Settlement Agreement.

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

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

instituted by filing one copy of a notice of appeal with the Agency Clerk 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.

CERTIFICATE OF SERVICE

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

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

Richata 1. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

Facilities Intake Unit Lorraine M. Novak, Esquire

Agency for Health Care Administration Office of the General Counsel

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

David M. Maloney John Robert Griffin, Esquire

Administrative Law Judge Hope Hospice and Community Services, Inc.

Division of Administrative Hearings 9470 HealthPark Circle

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

(Electronic Mail) [e-mail]

(Electronic Mail)

James McLemore, Supervisor

Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)

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

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

Notices 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

Purchasing the Florida Administrative Register pursuant to Chapter 120,

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

NONE Code.

DEPARTMENT OF HEALTH

Section XII Board of Occupational Therapy

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

Order of Emergency Restriction Order with regard to the

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

Certificate of Need 18687. This Emergency Restriction Order was predicated

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

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

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

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

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

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

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

FacilitylProject! Applicant: LifePath Hospice, Inc.

Project Description: Establish an eight-bed inpatient hospice facility

Approved Cost: $0 DEPARTMENT OF HEALTH

County: Charlotte Service District: 8 Board of Occupational Therapy

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

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

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

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

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

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

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

Project Description: Establish an eight-bed inpatient hospice facility

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

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

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

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

Services, Inc.

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

facility Board of Occupational Therapy

Approved Cost: $0 Notice of Emergency Action

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

Order of Emergency Suspension Order with regard to the

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

Emergency Suspension Order was predicated upon the State

4168 EXHIBIT 1