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Home » Cases Under Administrative Hearing » 15-000131CON

15-000131CON The Devereux Foundation, Inc. vs. Indian River Behavioral Health, Llc, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 21, 2015.

View Dockets  

1STATE OF FLORIDA A P, C CLERK

8A- EVCi'

10AGENCY FOR HEALTHCARE ADMINISTRATION

14201 SEP I I P ! 2~ 00

22CIRCLES OF CARE, INC.,

26DOAH No. 15- 0128CON

30Petitioner,

31AHCA No. 2014012449

34vs. CON No. 10233

38INDIAN RIVER BEHAVIORAL HEALTH,

42LLC, AND AGENCY FOR HEALTH CARE

48ADMINISTRATION,

49Respondents.

50THE DEVEREUX FOUNDATION, INC.,

54DOAHNo. l 5- 013 ICON

59Petitioner,

60AHCA No. 2014012447

63vs. CON No. 10233

67INDIAN RIVER BEHAVIORAL HEALTH,

71LLC, AND AGENCY FOR HEALTH CARE

77ADMINISTRATION,

78Respondents.

79FINAL ORDER

81for Health Care Administration

85THIC CAUSE is before the State of Florida, Agency

94of Certificate of Need (" CON") 10233 filed

103the Agency") concerning the preliminary approval

110to establish a 74 bed child/ adolescent psychiatric

118by Indian River Behavioral Hospital (" IRBH")

126hospital in Service Area 7, Brevard County.

133notice in the Florida Administrative

1381. On December 8, 2014, the Agency published

146River

147of CON No. 10233 filed by Indian

154Register of its preliminary approval application

160Behavioral Hospital (" IRBH").

165Foundation Inc. (" Devereux") filed a

1722. On December 24, 2014, The Devereux

179Petition for Formal Administrative Hearing challenging the preliminary approval of IRBH's CON

191application No. 10233.

1943. On December 24, 2014, Circles of Care, Inc. ("Circles") filed a petition for a

211Formal Administrative Hearing seeking full party or intervenor status to challenge the preliminary

224approval ofiRBH's CON application No. 10233.

2304. The Agency referred the Petitions to the Division of Administrative Hearings and

243an Administrative Law Judge ("ALJ") was assigned.

2525. On May 6, 2015, Circles of Care, Inc. filed Voluntary Dismissal.

2646. On May 21, 2015, Devereux filed a Notice of Voluntary Dismissal of its petition

279for formal administrative proceeding.

283It is therefore ORDERED:

2871. The approval of CON 10233 is UPHELD. The Agency shall issue CON 10233

301to Indian River Behavioral Hospital.

306ORDERED in Tallahassee, Florida, on this /&, day

314NOTICE OF RIGHT TO JUDICIAL REVIEW

320A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

338instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

355along with the filing fee prescribed by law with the District Court of Appeal in the appellate

372district where the Agency maintains its headquarters or where a party resides. Review of

386proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

400Appeal must be filed within 30 days of the rendition of the order to be reviewed.

416CERTIFICATE OF SERVICE

419I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

434been furnished by the method designated to the persons named below on this

4472015.

448Richard J. Shoop, Agency

452Agency for Health Care Administration

4572727 Mahan Drive, Mail Stop #3

463Tallahassee, Florida 32308

466(850) 412-3630

468John D. C. Newton, II Mark A. Emmanuel, Esquire

477Administrative Law Judge Lydecker Diaz

482Division of Administrative Hearings 1221 Brickell A venue, 19th Floor

492(Electronic Filing) Miami, Florida 3 3131

498mae(a!l ydeckerdiaz.com

500(Electronic Mail)

502Richard R. D'Lugo, Esquire Geoffrey D. Smith, Esquire

510Wicker Smith Smith & Associates

515390 North Orange A venue, Suite 1000 3301 Thomasville Rd., Ste. 201

527Orlando, Florida 32801 Tallahassee, FL 32308

533mdlugo@,wickersmith.com geoff(a)smithlawilh.com

536(Electronic Mail) (Electronic Mail)

540JaniceK. Mills, Government Analyst II Susan E. Smith, Esquire

549Facilities Intake Unit Smith & Associates

555Agency for Health Care Administration 3301 Thomasville Rd., Ste. 201

565(Electronic Mail) Tallahassee, FL 32308

570susan({J{smithlawtlh.com

571(Electronic Mail)

573Marisol M. Fitch, Unit Manager Bernard Hudson, Unit Manager

582Certificate ofNeed Unit Long Term Care Unit

589Agency for Health Care Administration Agency for Health Care Administration

599(Electronic Mail) (Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/24/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 09/17/2015
Proceedings: Agency Final Order
PDF:
Date: 05/21/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/21/2015
Proceedings: The Devereux Foundation Inc.'s Notice of Voluntary Dismissal filed.
PDF:
Date: 05/20/2015
Proceedings: Indian River Behavioral's Motion for Telephonic Hearing on its Motion for Summary Recommended Order Denying Devereux's Standing filed.
PDF:
Date: 05/20/2015
Proceedings: Order Denying Motion for Summary Recommended Order, Compelling Compliance with the Order of Pre-Hearing Instructions, and Compelling Discovery.
Date: 05/13/2015
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 05/11/2015
Proceedings: Indian River Behavioral's Final Witness List filed.
PDF:
Date: 05/11/2015
Proceedings: Indian River Behavioral's Motion for Summary Recommended Order Denying Devereux's Standing filed.
PDF:
Date: 05/08/2015
Proceedings: Notice of Telephonic Case Management Conference (status conference set for May 13, 2015; 8:30 a.m.).
PDF:
Date: 05/06/2015
Proceedings: (Petitioner's) Voluntary Dismissal filed.
PDF:
Date: 04/30/2015
Proceedings: Order Compelling Production of Documents by Circles of Care, Inc..
PDF:
Date: 04/23/2015
Proceedings: Indian River Behavioral's Amended Notice of Service of Answers and Objections to Circles of Care's First Set of Interrogatories filed.
PDF:
Date: 04/23/2015
Proceedings: Indian River Behavioral's Notice of Service of Answers aned Objections to Circles of Care's First Set of Interrogatories filed.
PDF:
Date: 04/22/2015
Proceedings: Indian River Behavioral's Response to Circles of Care's First Request for Production filed.
PDF:
Date: 04/22/2015
Proceedings: Indian River Behavioral's Responses to Circles of Care's First Request for Admissions filed.
PDF:
Date: 04/10/2015
Proceedings: Indian River Behavorial's Motion for Order Compelling Production and Requiring Expedited Response to Requests for Production from Circles of Care, Inc. filed.
PDF:
Date: 04/08/2015
Proceedings: Preliminary Witness List filed.
PDF:
Date: 04/07/2015
Proceedings: Order Extending Deadline for Preliminary Witness List.
PDF:
Date: 04/06/2015
Proceedings: Circles of Care, Inc's Motion for Extension of Time to File Preliminary Witness List filed.
PDF:
Date: 04/06/2015
Proceedings: (Respondents') Preliminary Witness List filed.
PDF:
Date: 04/06/2015
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 03/31/2015
Proceedings: (Respondent's) Motion to Compel Circles of Care to Answer Indian River Behavioral's First Set of Interrogatories and Requiring Expedited Response to Interrogatories filed.
PDF:
Date: 03/31/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/23/2015
Proceedings: Notice of Serving First Interrogatories filed.
PDF:
Date: 03/23/2015
Proceedings: Circles of Care, Inc.'s First Request for Production to Indian River Behavioral Health, LLC filed.
PDF:
Date: 03/23/2015
Proceedings: Circles of Care, Inc.'s First Request for Admissions to Indian River Behavioral Health, LLC filed.
PDF:
Date: 03/16/2015
Proceedings: Circles of Care, Inc.'s Objections to Indian River Behavioral Hospital, LLC's First Set of Interrogatories filed.
PDF:
Date: 03/16/2015
Proceedings: Circles of Care, Inc.'s Response to Indian River Behavioral Hospital, LLC's First Request for Production filed.
PDF:
Date: 03/16/2015
Proceedings: Circles of Care, Inc.'s Response to Indian River Behavioral Hospital, LLC's First Request for Admissions filed.
PDF:
Date: 03/13/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/13/2015
Proceedings: Notice of Hearing (hearing set for May 27 and 28, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/13/2015
Proceedings: Order Bifurcating Issues.
PDF:
Date: 03/13/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-0128CON and 15-0131CON).
PDF:
Date: 03/04/2015
Proceedings: Agency for Health Care Administration's Amended Response to Order for AHCA to Respond to Motion to Dismiss or Bifurcate filed.
PDF:
Date: 03/03/2015
Proceedings: The Devereux Foundation Inc.'s Response in Opposition to Indian River Behavioral Hospital, LLC's Motion to Dismiss for Lack of Standing or in the Alternative to Bifurcate the Hearing on Standing filed.
PDF:
Date: 02/25/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/25/2015
Proceedings: The Devereux Foundation Inc.'s Unopposed Motion for Enlargement of Time to Respond to Indian River Behavioral Hospital, LLC's Motion to Dismiss for Lack of Standing, or in the Alternative, to Bifurcate the Hearing on Standing filed.
PDF:
Date: 02/24/2015
Proceedings: Order Denying Devereux` Motion for Enlargement of Time to Respond to Motion to Dismiss.
PDF:
Date: 02/24/2015
Proceedings: The Devereux Foundation Inc.'s Motion for Enlargement of Time to Respond to Indian River Behavioral Hospital, LLC's Motion to Dismiss for Lack of Standing, or in the Alternative, to Bifurcate the Hearing on Standing filed.
PDF:
Date: 02/23/2015
Proceedings: Agency for Health Care Administration's Response to Order for AHCA to Respond to Motion to Dismiss or Bifurcate filed.
PDF:
Date: 02/23/2015
Proceedings: Response to Order to Provide Additional Hearing Dates filed.
PDF:
Date: 02/23/2015
Proceedings: Notice of Appearance (Susan Smith) filed.
PDF:
Date: 02/20/2015
Proceedings: The Devereux Foundation, Inc.'s Response to Indian River Behavioral Hospital's Motion for Extension of Time to Respond to Request for Additional Trial Dates filed.
PDF:
Date: 02/20/2015
Proceedings: The Devereux Foundation, Inc.'s Response to Indian River Behavioral Hospital's Motion to Consolidate filed.
PDF:
Date: 02/16/2015
Proceedings: Order for AHCA to Respond to Motion to Dismiss or Bifurcate.
PDF:
Date: 02/16/2015
Proceedings: Indian River Behavioral's Notice of Service of First Set of Interrogatories to Devereux filed.
PDF:
Date: 02/13/2015
Proceedings: Indian River Behavioral's First Request for Admissions to Devereux filed.
PDF:
Date: 02/13/2015
Proceedings: Indian River Behavioral's First Request for Production to Devereux filed.
PDF:
Date: 02/09/2015
Proceedings: Order to Provide Additional Hearing Dates.
PDF:
Date: 02/06/2015
Proceedings: (Respondent's) Motion for Extension of Time to Respond to the Request for Additional Trial Dates filed.
PDF:
Date: 02/06/2015
Proceedings: (Respondent's) Motion to Consolidate filed.
PDF:
Date: 01/29/2015
Proceedings: (Respondent's) Motion to Dismiss for Lack of Standing or in the Alternative to Bifurcate the Hearing on Standing filed.
PDF:
Date: 01/23/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/22/2015
Proceedings: Notice of Appearance (Geoffrey Smith) filed.
PDF:
Date: 01/09/2015
Proceedings: Initial Order.
PDF:
Date: 01/08/2015
Proceedings: Agency action letter filed.
PDF:
Date: 01/08/2015
Proceedings: The Devereux Foundation, Inc. Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/08/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
01/08/2015
Date Assignment:
01/09/2015
Last Docket Entry:
09/24/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels