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.

NLED

STATE STATE STATE STATE OF OF OF OF FLORIDA FLORIDA FLORIDA FLORIDA r~ fKA

A F~ rav W; EP' ri

AGENCY AGENCY AGENCY AGENCY FOR FOR FOR FOR HEALTH HEALTH HEALTH HEALTH CARE CARE CARE CARE ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION

2014 2014 2014 2014 MAY HAY HAY HAY fS 15 15 15 A A A A 9: '1: '1: '1: 56 Sb Sb Sb

GREYSTONE GREYS GREYS GREYS TONE TONE TONE HOSPICE HOSPICE HOSPICE HOSPICE OF OF OF OF

DISTRICT DISTRICT DISTRICT DISTRICT 7B, 7B, 7B, 7B, LLC, LLC, LLC, LLC,

Petitioner, Petitioner, Petitioner, Petitioner,

vs. vs. vs. vs. CASE CASE CASE CASE NO. NO. NO. NO. 14- 14-1368CON 14-1368CON 14-1368CON 1368CON

AHCA AHCA AHCA AHCA NO. NO. NO. NO. 2014002495 2014002495 2014002495 2014002495

HALIFAX HALIFAX HALIFAX HALIFAX HOSPICE, HOSPICE, HOSPICE, HOSPICE, INC., INC., INC., INC., and and and and

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,

Respondents. Respondents. Respondents. Respondents.

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

HALIFAX HALIFAX HALIFAX HALIFAX HOSPICE, HOSPICE, HOSPICE, HOSPICE, INC., INC., INC., INC.,

Petitioner, Petitioner, Petitioner, Petitioner,

VS. vs. vs. vs. CASE CASE CASE CASE NO. NO. NO. NO. 14- 14-1472CON 14-1472CON 14-1472CON 1472CON

AHCA AHCA AHCA AHCA NO. NO. NO. NO. 2014003029 2014003029 2014003029 2014003029

GREYSTONE GREYS GREYS GREYS TONE TONE TONE HOSPICE HOSPICE HOSPICE HOSPICE OF OF OF OF

DISTRICT DISTRICT DISTRICT DISTRICT 713, 7B, 7B, 7B, LLC, LLC, LLC, LLC, and and and and

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

HEALTH HEAL HEAL HEAL TH TH TH CARE CARE CARE CARE ADMINISTRATION, ADMINISTRATION, ADMINISTRATION, ADMINISTRATION,

Respondents. Respondents. Respondents. Respondents.

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

FINAL FINAL FINAL FINAL ORDER ORDER ORDER ORDER

THIS 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

("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.

1. 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")

requested 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

("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

Agency 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

preliminary 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

establish a hospice program in Hospice Service Area 7B.

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

where it was assigned Case No. 14-1368CON.

3. On April 1, 2014, Halifax requested a formal administrative hearing challenging

the co-batched applications and supporting the Agency's preliminary approval of Halifax's CON

Application No. 10210, to establish a hospice program in Service Area 7B, and to support the

Agency's preliminary denial of the co-batched application filed by Greystone.

4. The request was referred to DOAH where it was assigned Case No. 14-1472CON.

5. On April 2, 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. 10209 is upheld.

8. The approval of Halifax's CON Application No. 10210 is upheld subject to the

conditions noted in the State Agency Action Report.

ORDERED in Tallahassee, Florida, on this --d.. day __ 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.

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CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of this Final Order was served on the be1ow-

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

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

W. David Watkins Lorraine M. Novak, Esquire

Administrative Law Judge Office of the GeneralCounsel

Division of Administrative Hearings Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Stephen A. Ecenia, Esquire Seann M. Frazier, Esquire

Rutledge, Ecenia and Purnell, P.A. Parker, Hudson, Rainer and Dobbs, LLP

Post Office Box 551 215 South Monroe Street, Suite 750

Tallahassee, Florida 32302-0551 Tallahassee, Florida 32301

[e-mail] [e-mail]

(Electronic Mail) (Electronic Mail)

R. David Prescott, Esquire Jonathan L. Rue, Esquire

Rutledge, Ecenia and Purnell, P .A. Parker, Hudson, Rainer and Dobbs, LLP

Post Office Box 551 285 Peachtree Center Avenue, Suite 1500

Tallahassee, Florida 32302-0551 Atlanta, Georgia 30303

[e-mail] [e-mail]

(Electronic Mail) (Electronic Mail)

Gabriel F. V. Warren, Esquire James McLemore, Supervisor

Rutledge, Ecenia and Purnell, P .A. Certificate of Need Unit

Post Office Box 551 Agency for Health Care Administration

Tallahassee, Florida 32302-0551 (Electronic Mail)

[e-mail]

(Electronic Mail)

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