14-001366CON Vitas Healthcare Corporation Of Florida vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 22, 2014.

u~ .. C W.... '····0· wx

/\\!'lCA

ST STATE ATE OF OF FLORIDA FLORIDA AGENSY A G F? V" o' Y 0 E R K

AGENCY AGENCY FOR FOR HEALTH HEALTH CARE CARE ADMINISTRATION ADMINISTRATION

2814 2014 MAY MAY IS 15 A A q:5b q. 56

VII VITAS AS HEAL HEALTHCARE THCARE CORPORATION CORPORATION

OF OF FLORIDA, FLORIDA,

Petitioner, Petitioner,

vs. vs. CASE CASE NO. NO. 14-1366CON 14- 1366CON

AHCA AHCA NO. NO. 2014002825 2014002825

STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEAL HEALTH TH CARE CARE ADMINISTRATION, ADMINISTRATION,

Respondent. Respondent.

---------------_/

GREYS GREYSTONE TONE HOSPICE HOSPICE OF OF

DISTRICT DISTRICT 6B, 613, LLC, LLC,

Petitioner, Petitioner,

vs. vs. CASE CASE NO. NO. 14-1369CON 14- 1369CON

AHCA AHCA NO. NO. 2014002494 2014002494

STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

Respondent. Respondent.

----------------,/

FINAL FINAL ORDER ORDER

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

the ("the Agency") Agency") for for the the issuance issuance of of a a final final order. order.

1. 1. On On March March 10, 10, 2014, 2014, Greystone Greystone Hospice Hospice of of District District 613, 6B, LLC, (" LLC, Greystone") ("Greystone")

requested requested a a formal formal administrative administrative hearing hearing to to contest contest the the preliminary preliminary denial denial of of Certificate Certificate of of Need Need

CON") ("CON") Application Application No. No. 10206, 10206, which which it it submitted submitted to to establish establish a a hospice hospice program program in in the the

Service Service District District 613, 6B, and and to to contest contest the the preliminary preliminary approval approval of of VITAS VII AS Healthcare Healthcare Corporation Corporation of of

Florida (" Florida VITAS") ("VIIAS") CON CON Application Application No. No. 10207, 10207, to to establish establish a a hospice hospice program program in in Hospice Hospice

Service Service Area Area 6B. 6B.

2. The request was referred to the Division of Administrative Hearings ("DOAH")

where it was assigned Case No. 14-1369CON.

3. On March 13, 2014, VITAS requested a formal administrative hearing to

challenge the co-batched CON Application filed by Greystone to establish a hospice program in

Service District 6B, (CON No. 10206), and to support the preliminary approval of its application

(CON No.1 0207).

4. The request was referred to DOAH where it was assigned Case No. 14-1366CON.

5. On April 4, 2014, DOAH issued an Order of Consolidation.

6. On April 18, 2014, Greystone filed a Notice of Voluntary Dismissal.

It is therefore ORDERED:

7. The denial of Greystone's CON Application No. 10206 is upheld.

8. The approval of VITAS' CON Application No. 10207 is upheld subject to the

conditions noted in the State Agency Action Report.

ORDERED in Tallahassee, Florida, on this A day of /11..a.tt ,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 ofthe order to be reviewed.

Page 2 of3

CERTIFICATE OF SERVICE

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

named persons by the method designated on this ,2014.

Richard 1. oop, Agency rk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

R. Bruce McKibben Lorraine M. Novak, Esquire

Administrative Law Judge Office of the General Counsel

Division of AdministrativeHearings Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Stephen A. Ecenia, Esquire R. Terry Rigsby, Esquire

Rutledge, Ecenia and Purnell, P .A. Pennington, P.A.

Post Office Box 551 Post Office Drawer 10095

Tallahassee, Florida 32302-0551 Tallahassee, Florida 32302

[e-mail] [e-mail]

(ElectronicMail) (Electronic Mail)

James McLemore, Supervisor

Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)

Page 3 of3