15-000133CON North Brevard County Hospital District, D/B/A Parrish Medical Center vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 27, 2015.

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

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

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

and assigned Case No. 15-0133.

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

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

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

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

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

15-0133. Exhibit 2.

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

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

It is therefore ORDERED:

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

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

, Secretary

Agency for Hea h Care Administration

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 notice a 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.

Page 2 of3

CERTIFICATE OF SERVICE

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

---=-

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

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

R. Bruce McKibben Lorraine M. Novak, Esquire

Administrative Law Judge Office of the General Counsel

Division of Administrative Hearings Agency for Health Care Administration

www.doah.state.fl.us

(Electronic Mail) (Electronic Mail)

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

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

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

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

1 01 East College A venue 215 South Monroe Street, Second Floor

Post Office Drawer 1838 Post Office Box 10095

Tallahassee, Florida 32301 Tallahassee, Florida 32302

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

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

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

Marisol Fitch

Health Services & Facilities Consultant

Certificate ofNeed Unit

Agency for Health Care Administration

Marisol. fitcMi;ahca.mytlorida.com

(Electronic Mail)

Page 3 of3

Miscellaneous

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

DECISIONS ON BATCH ED APPLICATIONS

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

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

County: Brevard Service District: 7

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

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

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

Approved Cost: $16,737,262

County: Brevard Service District: 7

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

Facility/Project: Parrish Medical Center

Applicant: North Brevard County Hospital District

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

County: Broward Service District: 1 0-J

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

Facility/Project: Plantation General Hospital

Applicant: Plantation General Hospital Limited Partnership

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

Approved Cost: $0

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

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

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

EXHIBIT 1

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NORTH BREVARD COUNTY HOSPITAL

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

CON NO. 10234

Petitioner,

vs.

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

NOTICE OF VOLUNTARY DISMISSAL

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

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

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

Respectfully submitted this 26th Jay of January, 2015.

GREENBERG TRAURIG, P.A.

1 0 1 Fast Co liege A ven uc

Post Office Drawer 1838

Tallahassee, FL 32302

Telephone: (g50) 222-6891

Facsimile: [phone]

MICHAEL.

Florida Bar No. 328014

[e-mail]

Counsel for North Brevard County Hospital

District dlh/a Parrish Medical Center

EXHIBIT 2

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

CERTiriCATE OF SERYKE

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

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

32399-3060, and copy furnished to the following by electronic delivery this 26th day of January,

2015:

Lorraine M. Novak, Esquire

Agency for Health Care Administration

2727 Mahan Drive

Tallahassee, Florida 32308

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

TAL 451937932v1

STATE OF FLORIDA

DIVISION OF AD.MINISTRATIVE HEARNGS

HEAL THSOUTH OF SEA PINES LIMITED

PARTNERSHIP, d/b/a HEALTHSOUTH

SEA PINES REHABILITA TlON

110SPITAL,

Petitioner,

Case 15-0132CON

\\'S.

NORTH BREVARD COUNTY HOSPITAL

DISTRICT, dlb/a PARRISH MEDICAL

CENTER and AGENCY FOR HEALTH

CARE ADMJNJSTRA TIO!\\,

Respondents.

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

SEA PINES REHABILITATION HOSPITAL'S NOTICE OF VOLUNTARY DISMISSAL

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

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

petition in the above-styled proceedings.

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

Florida Bar Number: 0202045

BRIAN A. NEWMAN

Florida Bar Number: 0004758

PEKNINGTON. P.A.

215 South Monroe Street, Second Floor

Post Office Box 10095 (32302-2095)

Tallahassee, Florida 32301

Telephone: [phone]

Facsimile: 850-222-2126

EXHIBIT 3

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

E-Mail:

hrian 1 C.ilpenningtonla\\v.com

Attorneys for HealthSouth Sea Pines

Rehabilitation Hospital

CERTIFICATE OF SERVICE

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

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

32399-3060, and copy furnished to the following by electronic delivery this _ day of

January, 2015:

Lorraine M. Novak, Esquire

Agency tor Health Care Administration

Fort Knox Building IlL Mail Stop 3

2727 Mahan Drive. Suite 3431

Tallahassee. Florida 32308

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

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