15-001837CON Terracina Ii, Llc vs. Pelican Bay Retirement Services, Inc., D/B/A The Premier At The Glenview Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 9, 2015.

V...

STATE OF FLORIDA 4 w.. .... J,

DIVISION OF ADMINISTRATIVE HEARINGS Ar- E[ C" C L E R K

PELICAN BAY RETIREMENT SERVICES, 2016 JAN - 5 P 1: 1 b

INC. d/ b / a THE PREMIER PLACE

AT THE GLENVIEW,

Petitioner, DOAH CASE NO.: 15- 1836CON

AHCA CASE NO.: 2015002605

MIIM CON NO.: 10338

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

TERRACINA II, LLC,

Petitioner, DOAH CASE NO.: 15- 1837CON

AHCA CASE NO.: 2015003344

vs. CON NO.: 10339

PELICAN BAY RETIREMENT SERVICES,

INC. d/ b / a THE PREMIER PLACE

AT THE GLENVIEW

Respondent.

II

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health Care Administration

the Agency ") concerning the preliminary denial of Certificate of Need ( " CON ") 10338 filed by

Pelican Bay Retirement Services, Inc. d/ b / a Premier Place at the Glenview ( " Pelican Bay ") to

add 14 community nursing home beds through the conversion of 14 sheltered nursing home beds

and a partial of 10 beds and the preliminary approval of CON 10339 filed by Terracina II, LLC

Terracina ") to establish a new 30 - bed community nursing home, with respect to the fixed need

pool for Sub - District 8 - 2.

1. The Agency comparatively reviewed CON applications for other beds and

programs batching cycle with an application due date of November 19, 2014, for the fixed need

pool for Sub - District 8 - 2. For the case at hand, the reviews included in relevant part:

10338 Pelican Bay Retirement Services, Inc.

d/ b / a The Premier Place at the Glenview 14 Beds / Conversion Denied

10339 Terracina II, LLC. 30 Beds Approved

2. On February 23, 2015, the Agency published notice in the Florida Administrative

Register of its decisions regarding the preliminary denial of CON 10338 and the preliminary

approval of CON 10339.

3. On March 16, 2015, Pelican Bay filed a Petition for Formal Administrative

Hearing challenging the denial of its CON 10338 as well as the approval of CON 10339 to

Terracina.

4. On March 26, 2015, Terracina filed a Petition Challenging Co- Batched Applicant

challenging the Agency' s decision on the co- batched application and Terracina challenges the

co- batched application filed by Pelican Bay and supports the Agency denial of Pelican Bay' s

application.

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

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

6. On April 22, 2015, the ALJ entered and Order of Consolidating Pelican Bay

DOAH 15- 1836CON) and Terracina ( DOAH 15- 1836CON).

7. On September 3, 2015, Pelican Bay filed an Uncontested and Stipulated Motion

to Relinquish Jurisdiction.

8. On September 9, 2015, the ALJ entered an Order Closing Files and Relinquishing

Jurisdiction.

9. On December 14, 2015, Pelican Bay filed a Notice of Voluntary Withdrawal of

Petition and Dismissal.

It is therefore ORDERED:

1. The denial of CON 10338 filed by Pelican Bay is UPHELD.

2. The approval of CON 10339 filed by Terracina is UPHELD. The Agency shall

issue CON 10339 to Terracina.

ORDERED in Tallahassee, Florida, on this 5– day of 4 , 2016.

Elizabeth Duds k, Secretary

Agency For Hea 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 the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

along with the filing fee 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 the rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

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

been furnished by the method designated to the persons named below on this _ j'— day of

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308

850) 412 - 3630

W. David Watkins

Administrative Law Judge

Division of Administrative Hearings

Electronic Filing)

Frank P. Rainer, Esquire

Broad and Cassel

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301

Attorneys for Pelican Bay Retirement Services, Inc. d/ b / a Premier Place at the Glenview

frainer @broadandcassel. com

kdilworth@broadandcassel. com

Electronic Mail)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP

215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

Attorney for Terracina, II, LLC

sfrazier @phrd. com

twd @phrd. com

Electronic Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer & Dobbs LLP

285 Peachtree Center Avenue Northeast, Suite 1500

Atlanta, Georgia 30303 - 1233

Attorney for Terracina, II, LLC

jrue @phrd. com

bmurphy @phrd. com

Electronic Mail)

Richard Joseph Saliba, Assistant General Counsel

Kevin Michael Marker, Assistant General Counsel

Office of the General Counsel

Agency for Health Care Administration

Electronic Mail)

Janice K. Mills, Government Analyst II

Facilities Intake Unit

Agency for Health Care Administration

Electronic Mail)

Marisol M. Fitch, Unit Manager

Certificate of Need Unit

Agency for Health Care Administration

Electronic Mail)

Bernard Hudson, Unit Manager

Long Term Care Unit

Agency for Health Care Administration

Electronic Mail)