14-001472CON
Halifax Hospice, Inc. vs.
Greystone Hospice Of District 7b Llc And Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 21, 2014.
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 21, 2014.
1NLED
2STATE STATE STATE STATE OF OF OF OF FLORIDA FLORIDA FLORIDA FLORIDA r~ fKA
16A F~ rav W; EP' ri
22AGENCY AGENCY AGENCY AGENCY FOR FOR FOR FOR HEALTH HEALTH HEALTH HEALTH CARE CARE CARE CARE ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION
422014 2014 2014 2014 MAY HAY HAY HAY fS 15 15 15 A A A A 9: '1: '1: '1: 56 Sb Sb Sb
66GREYSTONE GREYS GREYS GREYS TONE TONE TONE HOSPICE HOSPICE HOSPICE HOSPICE OF OF OF OF
81DISTRICT DISTRICT DISTRICT DISTRICT 7B, 7B, 7B, 7B, LLC, LLC, LLC, LLC,
93Petitioner, Petitioner, Petitioner, Petitioner,
97vs. vs. vs. vs. CASE CASE CASE CASE NO. NO. NO. NO. 14- 14-1368CON 14-1368CON 14-1368CON 1368CON
114AHCA AHCA AHCA AHCA NO. NO. NO. NO. 2014002495 2014002495 2014002495 2014002495
126HALIFAX HALIFAX HALIFAX HALIFAX HOSPICE, HOSPICE, HOSPICE, HOSPICE, INC., INC., INC., INC., and and and and
142STATE STATE STATE STATE OF OF OF OF FLORIDA, FLORIDA, FLORIDA, FLORIDA, AGENCY AGENCY AGENCY AGENCY FOR FOR FOR FOR
162HEALTH HEALTH HEALTH HEALTH CARE CARE CARE CARE ADMINISTRATION, ADMINISTRATION, ADMINISTRATION, ADMINISTRATION,
174Respondents. Respondents. Respondents. Respondents.
178---------------_/
179HALIFAX HALIFAX HALIFAX HALIFAX HOSPICE, HOSPICE, HOSPICE, HOSPICE, INC., INC., INC., INC.,
191Petitioner, Petitioner, Petitioner, Petitioner,
195VS. vs. vs. vs. CASE CASE CASE CASE NO. NO. NO. NO. 14- 14-1472CON 14-1472CON 14-1472CON 1472CON
212AHCA AHCA AHCA AHCA NO. NO. NO. NO. 2014003029 2014003029 2014003029 2014003029
224GREYSTONE GREYS GREYS GREYS TONE TONE TONE HOSPICE HOSPICE HOSPICE HOSPICE OF OF OF OF
239DISTRICT DISTRICT DISTRICT DISTRICT 713, 7B, 7B, 7B, LLC, LLC, LLC, LLC, and and and and
255STATE STATE STATE STATE OF OF OF OF FLORIDA, FLORIDA, FLORIDA, FLORIDA, AGENCY AGENCY AGENCY AGENCY FOR FOR FOR FOR
275HEALTH HEAL HEAL HEAL TH TH TH CARE CARE CARE CARE ADMINISTRATION, ADMINISTRATION, ADMINISTRATION, ADMINISTRATION,
290Respondents. Respondents. Respondents. Respondents.
294---------------_/ ---------------_/ ---------------_/
297FINAL FINAL FINAL FINAL ORDER ORDER ORDER ORDER
305THIS THIS THIS THIS CAUSE CAUSE CAUSE CAUSE came came came came before before before before the the the the State State State State of of of of Florida, Florida, Florida, Florida, Agency Agency Agency Agency for for for for Health Health Health Health Care Care Care Care Administration Administration Administration Administration
357("the ("the ("the the Agency") Agency") Agency") Agency") for for for for the the the the issuance issuance issuance issuance of of of of a a a a final final final final order. order. order. order.
4001. 1. 1. 1. On On On On March March March March 10, 10, 10, 10, 2014, 2014, 2014, 2014, Greystone Greystone Greystone Greystone Hospice Hospice Hospice Hospice of of of of District District District District 7B, 7B, 7B, 7B, LLC, LLC, LLC, LLC, (" ("Greystone") ("Greystone") ("Greystone") Greystone")
456requested requested requested requested a a a a formal formal formal formal administrative administrative administrative administrative hearing hearing hearing hearing to to to to contest contest contest contest the the the the preliminary preliminary preliminary preliminary denial denial denial denial of of of of Certificate Certificate Certificate Certificate of of of of Need Need Need Need
512("CON") ("CON") ("CON") CON") Application Application Application Application No. No. No. No. 10209, 10209, 10209, 10209, which which which which it it it it submitted submitted submitted submitted to to to to establish establish establish establish a a a a hospice hospice hospice hospice program program program program in in in in the the the the
575Agency Agency Agency Agency Health Health Health Health Planning Planning Planning Planning Service Service Service Service District District District District 7, 7, 7, 7, Hospice Hospice Hospice Hospice Service Service Service Service Area Area Area Area 7B, 7B, 7B, 713, and and and and to to to to contest contest contest contest the the the the
631preliminary preliminary preliminary preliminary approval approval approval approval of of of of Halifax Halifax Halifax Halifax Hospice, Hospice, Hospice, Hospice, Inc.'s Inc.'s Inc.'s Inc.' s (" ("Halifax") ("Halifax") ("Halifax") Halifax") CON CON CON CON Application Application Application Application No. No. No. No. 10210, 10210, 10210, 10210, to to to to
688establish a hospice program in Hospice Service Area 7B.
6972. The matter was referred to the Division of Administrative Hearings ("DOAH")
711where it was assigned Case No. 14-1368CON.
7183. On April 1, 2014, Halifax requested a formal administrative hearing challenging
730the co-batched applications and supporting the Agency's preliminary approval of Halifax's CON
742Application No. 10210, to establish a hospice program in Service Area 7B, and to support the
758Agency's preliminary denial of the co-batched application filed by Greystone.
7684. The request was referred to DOAH where it was assigned Case No. 14-1472CON.
7825. On April 2, 2014, DOAH issued an Order of Consolidation.
7936. On April 18, 2014, Greystone filed a Notice of Voluntary Dismissal.
805It is therefore ORDERED:
8097. The denial of Greystone's CON Application No. 10209 is upheld.
8208. The approval of Halifax's CON Application No. 10210 is upheld subject to the
834conditions noted in the State Agency Action Report.
842ORDERED in Tallahassee, Florida, on this --d.. day __ 2014.
852NOTICE OF RIGHT TO JUDICIAL REVIEW
858A party who is adversely affected by this Final Order is entitled to judicial review, which shall be
876instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second
895copy, along with filing fee as prescribed by law, with the District Court of Appeal in the
912appellate district where the Agency maintains its headquarters or where a party resides. Review
926of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of
941Appeal must be filed within 30 days of rendition of the order to be reviewed.
956Page 2 of3
959CERTIFICATE OF SERVICE
962I CERTIFY that a true and correct copy of this Final Order was served on the be1ow-
979named persons by the method designated on this of , 2014.
989Richard J. Shoop, Agency Clerk
994Agency for Health Care Administration
9992727 Mahan Drive, Mail Stop #3
1005Tallahassee, Florida 32308
1008(850) 412-3630
1010W. David Watkins Lorraine M. Novak, Esquire
1017Administrative Law Judge Office of the GeneralCounsel
1024Division of Administrative Hearings Agency for Health Care Administration
1033(Electronic Mail) (Electronic Mail)
1037Stephen A. Ecenia, Esquire Seann M. Frazier, Esquire
1045Rutledge, Ecenia and Purnell, P.A. Parker, Hudson, Rainer and Dobbs, LLP
1056Post Office Box 551 215 South Monroe Street, Suite 750
1066Tallahassee, Florida 32302-0551 Tallahassee, Florida 32301
1072Steve@reuphlaw.com Sfrazier@phrd.com
1074(Electronic Mail) (Electronic Mail)
1078R. David Prescott, Esquire Jonathan L. Rue, Esquire
1086Rutledge, Ecenia and Purnell, P .A. Parker, Hudson, Rainer and Dobbs, LLP
1098Post Office Box 551 285 Peachtree Center Avenue, Suite 1500
1108Tallahassee, Florida 32302-0551 Atlanta, Georgia 30303
1114David@reuphlaw.com jrue@phrd.com
1116(Electronic Mail) (Electronic Mail)
1120Gabriel F. V. Warren, Esquire James McLemore, Supervisor
1128Rutledge, Ecenia and Purnell, P .A. Certificate of Need Unit
1138Post Office Box 551 Agency for Health Care Administration
1147Tallahassee, Florida 32302-0551 (Electronic Mail)
1152Gabrie1@reuphlaw.com
1153(Electronic Mail)
1155Page 3 of3
- Date
- Proceedings
- PDF:
- Date: 04/18/2014
- Proceedings: Greystone Hospice of District 6B, LLC's Notice of Voluntary Dismissal (filed in Case No. 14-001472CON).
- PDF:
- Date: 04/17/2014
- Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
- PDF:
- Date: 04/10/2014
- Proceedings: Halifax Hospice, Inc's Second Request for Production of Documents to Greystone Hospice of District 7B, LLC filed.
- PDF:
- Date: 04/10/2014
- Proceedings: Notice of Serving Halifax Hospice, Inc.'s Second Interrogatories to Greystone Hospice of District 7B, LLC filed.
- Date: 04/09/2014
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 04/08/2014
- Proceedings: Halifax Hospice, Inc.'s Response in Opposition to Motion for Continuance filed.
- PDF:
- Date: 04/07/2014
- Proceedings: Notice of Hearing (hearing set for May 20 through 23 and 27 through 29, 2014; 9:30 a.m.; Tallahassee, FL).
- PDF:
- Date: 04/02/2014
- Proceedings: Order of Consolidation (DOAH Case Nos. 14-1368CON and 14-1472CON).
Case Information
- Judge:
- W. DAVID WATKINS
- Date Filed:
- 04/01/2014
- Date Assignment:
- 04/01/2014
- Last Docket Entry:
- 05/15/2014
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
- Suffix:
- CON
Counsels
-
Stephen A. Ecenia, Esquire
Address of Record -
Seann M. Frazier, Esquire
Address of Record -
Lorraine M. Novak, Esquire
Address of Record -
R. David Prescott, Esquire
Address of Record -
Gabriel F.V. Warren, Esquire
Address of Record -
Lorraine Marie Novak, Esquire
Address of Record -
Stephen A Ecenia, Esquire
Address of Record