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15-001787CON Ccrc Opco-Freedom Square, Llc, D/B/A Freedom Square Rehabilitation And Nursing Services vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 28, 2015.

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1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION AGE lCY Mii CILAERK A

14CCRC OPCO- FREEDOM SQUARE, 2015 MAY 2 8 A 4 1 b

26LLC d/ a b/ FREEDOM SQUARE

32REHABILITATION AND NURSING

35SERVICES,

36Petitioner, DOAH NO. 15- 1787CON

41AHCA NO. 2015002589

44VS. CON NO. 10286

48RENDITION NO.: AHCA- j5 3 S- OLC

55STATE OF FLORIDA, AGENCY FOR

60HEALTH CARE ADMINISTRATION,

63Respondent.

64FINAL ORDER

66THIS CAUSE comes before the Agency for Health Care Administration (" the Agency")

80concerning the Petition which was filed by CCRC OPCO- Freedom Square, LLC d/ a b/ Freedom

96Square Rehabilitation and Nursing Services ( hereinafter " Freedom Square") challenging the

108preliminarily denial of a certificate of need (" CON") by the Agency to add 56 community

125nursing home beds through the conversion of 56 sheltered nursing home beds.

1371. In the October 3, 2014, Florida Administrative Register, Volume 40, Number 193,

150the Agency published its intent to preliminarily deny CON Application 10286 filed by Freedom

164Square.

1652. On March 13, 2015, Freedom Square filed a Petition for Formal Administrative

178Hearing with the Agency Clerk.

1833. The Parties have since entered into a settlement agreement ( Exhibit A) resolving

197this litigation.

199Based upon the foregoing, it is ORDERED:

206Page 1 of 3

2101. The Agency shall issue a CON for 56 community nursing home beds, which shall

225contain a condition that Freedom Square will make a nursing home bed available at Freedom

240Square nursing home facility to any resident for any such resident requiring a nursing home.

2552. Each party will be responsible for its own respective costs and attorney's fees.

2693. Each party shall comply with the terms and condition of the settlement agreement

283the terms of which are incorporated herein by reference.

292ORDERED in Tallahassee, Florida, on this .;Z;}_ day of , 2015.

304NOTICE OF RIGHT TO JUDI

309A party who is adversely affected by this final order is entitled to judicial review, which shall be

327instituted by filing the original notice of appeal with the agency clerk of AHCA, and a copy

344along with the filing fee prescribed by law with the district court of appeal in the appellate

361district where the Agency maintains its headquarters or where a party resides. Review of

375proceedings shall be conducted in accordance with the Florida appellate rules. The notice of

389appeal must be filed within 30 days ofthe rendition of the order to be reviewed.

404CERTIFICATE OF SERVICE

407I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

422been furnished by electronic mail to the persons named below on this of

4352015.

4367

437Agency for Health Care Administration

4422727 Mahan Drive, Mail Stop #3

448Tallahassee, Florida 32308

451(850) 412-3630

453Page 2 of3

456Copies:

457John M. Lockwood, Esquire

461Kala Kelly, Esquire

464Counsel for Freedom Square

468The Lockwood Law Firm

4721 06 East College Ave Suite 81 0

480Tallahassee, Florida 32301

483John@1ockwoodlawfirm.com

484kala@lockwoodlawfirm.com

485(Electronic Mail)

487Richard Joseph Saliba, Esquire

491Office of the General Counsel

496Agency for Health Care Administration

501(Electronic Mail)

503Kevin Michael Marker, Esquire

507Office of the General Counsel

512Agency for Health Care Administration

517(Electronic Mail)

519Facilities Intake Unit

522Agency for Health Care Administration

527(Electronic Mail)

529Division of Administrative Hearings

533(Electronic Mail)

535Page 3 of3

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/01/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 06/01/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 05/28/2015
Proceedings: Agency Final Order
PDF:
Date: 04/28/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 04/27/2015
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/27/2015
Proceedings: Notice of Appearance (Kala Kelly) filed.
PDF:
Date: 04/21/2015
Proceedings: Order Requiring Status Report.
PDF:
Date: 04/20/2015
Proceedings: (Respondent's) Reply to Initial Order filed.
PDF:
Date: 04/15/2015
Proceedings: Notice of Transfer.
PDF:
Date: 04/14/2015
Proceedings: (Petitioner's) Motion to Abate Proceedings filed.
PDF:
Date: 04/08/2015
Proceedings: Notice of Appearance (Kevin Marker) filed.
PDF:
Date: 04/07/2015
Proceedings: Initial Order.
PDF:
Date: 04/01/2015
Proceedings: Decision on Batched Applications filed.
PDF:
Date: 04/01/2015
Proceedings: CCRC OPCO-Freedom Square, LLC's Petition for Formal Administrative Hearing filed.
PDF:
Date: 04/01/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ELIZABETH W. MCARTHUR
Date Filed:
04/01/2015
Date Assignment:
04/15/2015
Last Docket Entry:
06/01/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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