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.


View Dockets  

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8ST STATE ATE OF OF FLORIDA FLORIDA AGENSY A G F? V" o' Y 0 E R K

26AGENCY AGENCY FOR FOR HEALTH HEALTH CARE CARE ADMINISTRATION ADMINISTRATION

362814 2014 MAY MAY IS 15 A A q:5b q. 56

47VII VITAS AS HEAL HEALTHCARE THCARE CORPORATION CORPORATION

55OF OF FLORIDA, FLORIDA,

59Petitioner, Petitioner,

61vs. vs. CASE CASE NO. NO. 14-1366CON 14- 1366CON

70AHCA AHCA NO. NO. 2014002825 2014002825

76STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

86HEAL HEALTH TH CARE CARE ADMINISTRATION, ADMINISTRATION,

93Respondent. Respondent.

95---------------_/

96GREYS GREYSTONE TONE HOSPICE HOSPICE OF OF

103DISTRICT DISTRICT 6B, 613, LLC, LLC,

109Petitioner, Petitioner,

111vs. vs. CASE CASE NO. NO. 14-1369CON 14- 1369CON

120AHCA AHCA NO. NO. 2014002494 2014002494

126STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

136HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

142Respondent. Respondent.

144----------------,/

146FINAL FINAL ORDER ORDER

150THIS 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

176the ("the Agency") Agency") for for the the issuance issuance of of a a final final order. order.

1971. 1. On On March March 10, 10, 2014, 2014, Greystone Greystone Hospice Hospice of of District District 613, 6B, LLC, (" LLC, Greystone") ("Greystone")

225requested 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

253CON") ("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

284Service 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

313Florida (" 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

343Service Service Area Area 6B. 6B.

3492. The request was referred to the Division of Administrative Hearings ("DOAH")

363where it was assigned Case No. 14-1369CON.

3703. On March 13, 2014, VITAS requested a formal administrative hearing to

382challenge the co-batched CON Application filed by Greystone to establish a hospice program in

396Service District 6B, (CON No. 10206), and to support the preliminary approval of its application

411(CON No.1 0207).

4144. The request was referred to DOAH where it was assigned Case No. 14-1366CON.

4285. On April 4, 2014, DOAH issued an Order of Consolidation.

4396. On April 18, 2014, Greystone filed a Notice of Voluntary Dismissal.

451It is therefore ORDERED:

4557. The denial of Greystone's CON Application No. 10206 is upheld.

4668. The approval of VITAS' CON Application No. 10207 is upheld subject to the

480conditions noted in the State Agency Action Report.

488ORDERED in Tallahassee, Florida, on this A day of /11..a.tt ,2014.

499NOTICE OF RIGHT TO JUDICIAL REVIEW

505A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

523instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second

542copy, along with filing fee as prescribed by law, with the District Court of Appeal in the

559appellate district where the Agency maintains its headquarters or where a party resides. Review

573of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

588Appeal must be filed within 30 days of rendition ofthe order to be reviewed.

602Page 2 of3

605CERTIFICATE OF SERVICE

608I CERTIFY that a true and correct copy of this Final Order was served on the below-

625named persons by the method designated on this ,2014.

634Richard 1. oop, Agency rk

639Agency for Health Care Administration

6442727 Mahan Drive, Mail Stop #3

650Tallahassee, Florida 32308

653(850) 412-3630

655R. Bruce McKibben Lorraine M. Novak, Esquire

662Administrative Law Judge Office of the General Counsel

670Division of AdministrativeHearings Agency for Health Care Administration

678(Electronic Mail) (Electronic Mail)

682Stephen A. Ecenia, Esquire R. Terry Rigsby, Esquire

690Rutledge, Ecenia and Purnell, P .A. Pennington, P.A.

698Post Office Box 551 Post Office Drawer 10095

706Tallahassee, Florida 32302-0551 Tallahassee, Florida 32302

712Steve@reuphlaw.com Trigsby@penningtonlaw.com

714(ElectronicMail) (Electronic Mail)

717James McLemore, Supervisor

720Certificate of Need Unit

724Agency for Health Care Administration

729(Electronic Mail)

731Page 3 of3

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/15/2014
Proceedings: Agency Final Order
PDF:
Date: 05/15/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 04/22/2014
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 04/21/2014
Proceedings: Joint Motion to Close File and Relinquish Jurisdiction filed.
PDF:
Date: 04/18/2014
Proceedings: Greystone Hospice of District 6B, LLC's Notice of Voluntary Dismissal (filed in Case No. 14-001369CON).
PDF:
Date: 04/18/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/17/2014
Proceedings: Joint Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 04/15/2014
Proceedings: Vitas Healthcare Corporation of Florida's Second Request for Production of Documents to Greystone Hospice of District 6B, LLC filed.
PDF:
Date: 04/11/2014
Proceedings: Notice of Hearing (hearing set for June 30 through July 2 and 8 through 11, 2014; 9:00 a.m.; Tallahassee, FL).
Date: 04/11/2014
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 04/08/2014
Proceedings: Vitas Healthcare Corporation of Florida's Response in Opposition to Greystone Hospice of District 6B, LLC's Motion for Continuance filed.
PDF:
Date: 04/04/2014
Proceedings: Greystone Hospice's Response to Initial Order and Motion to Consolidate and Motion for Continuance (filed in Case No. 14-001369CON).
PDF:
Date: 04/04/2014
Proceedings: Order of Consolidation (DOAH Case Nos. 14-1366CON and 14-1369CON)).
PDF:
Date: 04/04/2014
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 04/01/2014
Proceedings: Vitas Healthcare Corporation of Florida's First Request for Production of Documents to Greystone Hospice of District 6B, LLC filed.
PDF:
Date: 04/01/2014
Proceedings: Vitas Healthcare Corporation of Florida's First Request for Admissions to Greystone Hospice of District 6B, LLC filed.
PDF:
Date: 04/01/2014
Proceedings: Vitas Healthcare Corporation of Florida's Notice of Service of First Set of Interrogatories to Greystone Hospice of District 6B, LLC filed.
PDF:
Date: 03/25/2014
Proceedings: Initial Order.
PDF:
Date: 03/24/2014
Proceedings: Agency action letter filed.
PDF:
Date: 03/24/2014
Proceedings: Petition for Formal Administrative Hearing Challenging Co-batched Applicant and Supporting Agency for Health Care Administration's Preliminary Decision filed.
PDF:
Date: 03/24/2014
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
03/24/2014
Date Assignment:
03/26/2014
Last Docket Entry:
05/15/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels

Related DOAH Cases(s) (2):