15-000132CON Healthsouth Of Sea Pines Limited Partnership, D/B/A Healthsouth Sea Pines Rehabilitation Hospital vs. North Brevard County Hospital District, D/B/A Parrish Medical Center And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 27, 2015.


View Dockets  

1the Florida Administrative Register on December 8, 2014. Exhibit 1.

112. On December 29, 2014, Parrish petitioned for a formal administrative proceeding

23to appeal the Agency's initial denial of its CON application. The case was referred to DOAH

39and assigned Case No. 15-0133.

443. On December 29, 2014, Healthsouth of Sea Pines Limited Partnership, d/b/a

56Healthsouth Sea Pines Rehabilitation Hospital ("HealthSouth Sea Pines") petitioned for a formal

70administrative proceeding in support of the Agency's preliminary denial of CON Application

82No. 10234. The case was referred to DOAH and assigned Case No. 15-0132.

954. On January 26, 2015, Parrish filed a Notice of Voluntary Dismissal of Case No.

11015-0133. Exhibit 2.

1135. On January 26, 2015, HealthSouth Sea Pines filed a Notice of Voluntary

126Dismissal of Case No. 15-0132. Exhibit 3.

133It is therefore ORDERED:

1376. The denial ofParrish's CON Application No. 10234 is UPHELD.

147ORDERED in Tallahassee, Florida, on this /0 day 2015.

, 156Secretary

157Agency for Hea h Care Administration

163NOTICE OF RIGHT TO JUDICIAL REVIEW

169A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

187instituted by filing one copy of notice a of appeal with the Agency Clerk of AHCA, and a second

206copy, along with filing fee as prescribed by law, with the District Court of Appeal in the

223appellate district where the Agency maintains its headquarters or where a party resides. Review

237of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

252Appeal must be filed within 30 days of rendition of the order to be reviewed.

267Page 2 of3

270CERTIFICATE OF SERVICE

273I CERTIFY that a true and correct copy of this Final Order was served on the below­

290---=-

291named persons by the method designated on this /(}hey of_-tM'----+-"'(ij(-='--"-- ..... 4-r----' 2015.

306Richard J. Shoop, Agency Clerk

311Agency for Health Care Administration

3162727 Mahan Drive, Mail Stop #3

322Tallahassee, Florida 32308

325(850) 412-3630

327R. Bruce McKibben Lorraine M. Novak, Esquire

334Administrative Law Judge Office of the General Counsel

342Division of Administrative Hearings Agency for Health Care Administration

351www.doah.state.fl.us

352(Electronic Mail) (Electronic Mail)

356David C. Ashburn, Esquire R. Terry Rigsby, Esquire

364Michael J. Cherniga, Esquire Brian A. Newman, Esquire

372M. Hope Keating, Esquire Pennington, Moore, Wilkinson, Bell

380Greenberg Traurig, P .A. and Dunbar, P .A.

3881 01 East College A venue 215 South Monroe Street, Second Floor

400Post Office Drawer 1838 Post Office Box 10095

408Tallahassee, Florida 32301 Tallahassee, Florida 32302

414ashburndra;gtlaw .com Ttrigsby:ii'.nenningtonlaw.com

418chemigam(a)gtlaw.com Brian(a)penningtonlaw.com

420keatin!l.h@.ctlaw.com (Electronic Mail)

423Marisol Fitch

425Health Services & Facilities Consultant

430Certificate ofNeed Unit

433Agency for Health Care Administration

438Marisol. fitcMi;ahca.mytlorida.com

441(Electronic Mail)

443Page 3 of3

446Miscellaneous

447AGENCY FOR HEALTH CARE ADMINISTRATION

452Certificate of Need

455DECISIONS ON BATCH ED APPLICATIONS

460The Agency for Health Care Administration made the following decisions on Certificate of Need applications for

476Hospital Beds and Facilities hatching cycle with an application due date of September 3, 2014:

491County: Brevard Service District: 7

496CON #10233 Decision Date: 12/5/2014 Decision: A

503Applicant/Facility/Project: Indian River Behavioral Health, LLC

509Project Description: Establish a 74-bed child/adolescent psychiatric hospital

517Approved Cost: $16,737,262

522County: Brevard Service District: 7

527CON #10234 Decision Date: 12/5/2014 Decision: D

534Facility/Project: Parrish Medical Center

538Applicant: North Brevard County Hospital District

544Project Description: Establish a 20-bed comprehensive medical rehabilitation unit

553County: Broward Service District: 1 0-J

559CON #10235 Decision Date: 12/5/2014 Decision: A

566Facility/Project: Plantation General Hospital

570Applicant: Plantation General Hospital Limited Partnership

576Project Description: Establish a 200-bed replacement acute care hospital

585Approved Cost: $0

588A request for administrative hearing, if any, must be made in writing and must be actually received by this

607department within 21 days of the first day of publication of this notice in the Florida Administrative Register

625pursuant to Chapter 120, Florida Statutes, and Chapter 59C-1, Florida Administrative Code.

637EXHIBIT 1

639STATE OF FLORIDA

642DIVISION OF ADMINISTRATIVE HEARINGS

646NORTH BREVARD COUNTY HOSPITAL

650DISTRICT d/b/a Parrish Medical Center, CASE :'-.10.: 15-0133CO\\!

658CON NO. 10234

661Petitioner,

662vs.

663STATE OF FLORIDA AGENCY FOR

668HEALTH CARE ADMINISTRATION,

671Respondents.

672NOTICE OF VOLUNTARY DISMISSAL

676North Brevard County Hospital District d/b/a Parrish Medical Center, by and through its

689undersigned counsel, hereby provides notice of its voluntary dismissal of its Petition for Formal

703Administrative Proceedings, by which it initiated Case No. 05-0133CON on January 8, 2015.

716Respectfully submitted this 26th Jay of January, 2015.

724GREENBERG TRAURIG, P.A.

7271 0 1 Fast Co liege A ven uc

736Post Office Drawer 1838

740Tallahassee, FL 32302

743Telephone: (g50) 222-6891

746Facsimile: (850) 681-0207

749MICHAEL.

750Florida Bar No. 328014

754chernigam@gtlaw.com

755Counsel for North Brevard County Hospital

761District dlh/a Parrish Medical Center

766EXHIBIT 2

768Filed January 26, 2015 12:39 PM Division of Administrative Hearings

778CERTiriCATE OF SERYKE

781l HEREBY CERTIFY that the foregoing was filed by eALJ with the Division of

795Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida

80532399-3060, and copy furnished to the following by electronic delivery this 26th day of January,

8202015:

821Lorraine M. Novak, Esquire

825Agency for Health Care Administration

8302727 Mahan Drive

833Tallahassee, Florida 32308

836Lorraine.Novak(a),ahca.mvflorida.com

838TAL 451937932v1

840STATE OF FLORIDA

843DIVISION OF AD.MINISTRATIVE HEARNGS

847HEAL THSOUTH OF SEA PINES LIMITED

853PARTNERSHIP, d/b/a HEALTHSOUTH

856SEA PINES REHABILITA TlON

860110SPITAL,

861Petitioner,

862Case 15-0132CON

864\\'S.

865NORTH BREVARD COUNTY HOSPITAL

869DISTRICT, dlb/a PARRISH MEDICAL

873CENTER and AGENCY FOR HEALTH

878CARE ADMJNJSTRA TIO!\\,

881Respondents.

882HEALTHSOUTH OF SEA PINES LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH

890SEA PINES REHABILITATION HOSPITAL'S NOTICE OF VOLUNTARY DISMISSAL

898Petitioner. HealthSouth of Sea Pines Limited Partnership, d/b/a HealthSouth Sea Pines

909Rehabilitation Hospital, by and through the undersigned counseL hereby voluntarily dismisses its

921petition in the above-styled proceedings.

926Respectfully submitted this -- L Co day of January, 2015.

936Florida Bar Number: 0202045

940BRIAN A. NEWMAN

943Florida Bar Number: 0004758

947PEKNINGTON. P.A.

949215 South Monroe Street, Second Floor

955Post Office Box 10095 (32302-2095)

960Tallahassee, Florida 32301

963Telephone: 850-222-3533

965Facsimile: 850-222-2126

967EXHIBIT 3

969Filed January 26, 2015 1:45 PM Division of Administrative Hearings

979E-Mail:

980hrian 1 C.ilpenningtonla\\v.com

983Attorneys for HealthSouth Sea Pines

988Rehabilitation Hospital

990CERTIFICATE OF SERVICE

993I HEREBY CERTIFY that the f()regoing was filed with by eALJ with the Division of

1008Administrative Hearings. The DeSoto Building. 1230 Apalachee Parkway, Tallahassee, Florida

101832399-3060, and copy furnished to the following by electronic delivery this _ day of

1032January, 2015:

1034Lorraine M. Novak, Esquire

1038Agency tor Health Care Administration

1043Fort Knox Building IlL Mail Stop 3

10502727 Mahan Drive. Suite 3431

1055Tallahassee. Florida 32308

1058Lorraine. Novak· q;ahca.m) ·!lorida. com

1064' 'I J --

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1069. :.; I

1072\\

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/10/2015
Proceedings: Agency Final Order
PDF:
Date: 03/10/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 01/27/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 01/26/2015
Proceedings: Healthsouth of Sea Pines Limited Partnership, d/b/a Healthsouth Sea Pines Rehabilitation Hospital's Notice of Voluntary Dismissal filed.
PDF:
Date: 01/21/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/20/2015
Proceedings: Joint Motion for Extension of Time to Respond to Initial Order 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: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/08/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
01/08/2015
Date Assignment:
01/09/2015
Last Docket Entry:
03/10/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels

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