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15-001920CON Centre Pointe Hrc, Llc, D/B/A Centre Pointe Health And Rehabilitation Center vs. Pruitthealth-Leon County, Llc And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 5, 2015.

View Dockets  

1STATE OF FLORIDA p, G l_ ERK

8AGENCY FOR HEALTH CARE ADMINISTRATION

132015 SEP 11 P12: 00

18CENTRE POINTE HRC, LLC, d/ a b/

25CENTRE POINTE HEALTH AND

29REHABILITATION CENTER,

31Petitioner, DOAH No. 15- 192000N

36vs. AHCA No. 2015002580

40CON No. 10248P

43PRUITTHEALTH- LEON COUNTY, LLC

47AND STATE OF FLORIDA, AGENCY FOR

53HEALTH CARE ADMINISTRATION,

56Respondents.

57CHC INVESTORS, LLC D/ A B/ SEVEN HILLS

65HEALTH AND REHABILITATION CENTER

69Petitioner,

70vs. AHCA No. 2015002608

74CON No. 10248P

77STATE OF FLORIDA, AGENCY FOR

82HEALTH CARE ADMINISTRATION

85AND PRUITTHEALTH- LEON COUNTY, LLC,

90Respondent.

91FINAL ORDER

93THIC CAUSE is before the State of Florida, Agency for Health Care Administration

106the Agency") concerning the preliminary partial approval of Certificate of Need (" CON")

12110248, filed by PruittHealth- Leon County, LLC (" PruittHealth- Leon"), to establish a new

136community nursing home of 105 beds and a partial of 86 beds, with respect to the fixed need

154pool for Sub- District 2- 4.

1601. The Agency comparatively reviewed CON applications for other beds and

171programs hatching cycle with an application due date of November 19, 2014, for the fixed need

187pool for Sub-District 2-4. For the case at hand, the reviews included in relevant part:

20210246 LP Pensacola, LLC 86 Beds Denied

20910247 Westminster Oaks 72 Beds Denied

21510248 PruittHealth-Leon County, LLC 86 Beds Partial

2222. On February 23, 2015, the Agency published notice in the Florida Administrative

235Register of its decisions regarding the preliminary partial approval of CON 10248.

2473. On March 16, 2015, Centre Pointe, LLC d/b/a Centre Pointe Health and

260Rehabilitations Center ("Centre Pointe"), filed a Petition for Formal Administrative Proceedings

273challenging the Agency's preliminary approval of CON No. 10248 filed by PruittHealth-Leon.

2854. On March 16, 2015, CHC Investors, LLC d/b/a Seven Hills Health and

298Rehabilitation Center ("Seven Hills") filed a Petition for Formal Administrative Hearing

311contesting the Agency's preliminary approval ofPruittHealth-Leon CON 10248P to establish an

32286-bed community nursing home stating that the approval of CON 1 0248P will have an adverse

338economic impact on Seven Hills.

3435. On March 24, 2015, Seven Hills filed a Notice of Voluntary Dismissal of its

358Petition for Formal Administrative Hearing.

3636. The Agency referred the Petition to the Division of Administrative Hearings and

376an Administrative Law Judge ("ALJ") was assigned.

3857. On March 27, 2015, PruittHealth-Leon filed an Approved Applicant's Motion to

397be Joined as Party stating that PruittHealth-Leon's substantial interests will be substantially and

410adversely affected should the Agency's decision to grant CON

4198. On August 4, 2015, Centre Pointe filed a Notice of Voluntary Dismissal as to its

435Petition for Formal Administrative Proceeding with prejudice.

4429. On August 5, 2015, the ALJ entered an Order Closing File and Relinquishing

456Jurisdiction to the Agency.

46010. No other party has challenged the approval ofPruittHealth-Leon.

469It is therefore ORDERED:

4731. The partial approval of CON 10248 is UPHELD. The Agency shall issue CON

48710248 to PruittHealth-Leon.

490ORDERED in Tallahassee, Florida, on this k_ day of 2015.

500NOTICE OF RIGHT TO JUDICIAL REVIEW

506A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

524instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

541along with the filing fee prescribed by law with the District Court of Appeal in the appellate

558district where the Agency maintains its headquarters or where a party resides. Review of

572proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

586Appeal must be filed within 30 days of the rendition of the order to be reviewed.

602CERTIFICATE OF SERVICE

605I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

620been furnished by the method designated to the persons named below on this ,

633Elizabeth W. McArthur

636Administrative Law Judge

639Division of Administrative Hearings

643(ViaE-File)

644Seann M. Frazier, Esquire

648Parker, Hudson, Rainer and Dobbs, LLP

654Suite 750, 215 South Monroe Street

660Tallahassee, Florida 32301

663Attorney for Centre Point Health and Rehabilitations Center

671sfrazier@phrd.com

672twd@phrd.com

673(Via Electronic Mail)

676Jonathan L. Rue, Esquire

680Parker, Hudson, Rainer and Dobbs, LLP

686Suite 1500, 285 Peachtree Center A venue

693Atlanta, Georgia 30303

696Attorney for Centre Point Health and Rehabilitations Center

704jrue@phrd.com

705(Via Electronic Mail)

708Michael J. Glazer, Esquire

712Austly & McMullen

715123 South Calhoun Street

719Post Office Box 391

723Tallahassee, Florida 32302-0391

726Attorney for Seven Hills Health and Rehabilitation

733mglazer@ausley .com

735jmcvaney@ausley .com

737(Via Electronic Mail)

740Jay Adams, Esquire

743Frank P. Rainer, Esquire

747Broad and Cassel

750215 South Monroe Street, Suite 400

756Tallahassee, Florida 32301

759Attorneys for Pruitthealth-Leon County, LLC

764jadams@broadandcassel.com

765frainer@broadandcassel.com

766kdilworth@broadandcassel.com

767Richard Joseph Saliba, Esquire

771Logan A. White, Esquire

775Assistants General Counsel

778Office of the General Counsel

783Agency for Health Care Administration

788(Electronic Mail)

790JaniceK. Mills, Government Analyst II

795Facilities Intake Unit

798Agency for Health Care Administration

803(Electronic Mail)

805Marisol M. Fitch, Unit Manager

810Certificate ofNeed Unit

813Agency for Health Care Administration

818(Electronic Mail)

820Bernard Hudson, Unit Manager

824Long Term Care Unit

828Agency for Health Care Administration

833(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: 08/05/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 08/04/2015
Proceedings: Centre Pointe HRC, LLC Notice of Voluntary Dismissal filed.
PDF:
Date: 06/30/2015
Proceedings: Notice of Transfer.
PDF:
Date: 06/05/2015
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 06/04/2015
Proceedings: (Petitioner's) Motion to Reschedule Final Hearing filed.
PDF:
Date: 05/29/2015
Proceedings: PruittHealth-Leon County, LLC's Final Witness List filed.
PDF:
Date: 05/29/2015
Proceedings: Centre Pointe HRC, LLC d/b/a Centre Pointe Health and Rehabilitation Center's Final Witness List filed.
PDF:
Date: 05/18/2015
Proceedings: Centre Pointe HRC, LLC d/b/a Centre Pointe Health and Rehabilitation Center's Preliminary Witness List filed.
PDF:
Date: 04/27/2015
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 04/27/2015
Proceedings: Notice of Retaining Court Reporter filed.
PDF:
Date: 04/27/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/27/2015
Proceedings: Notice of Hearing (hearing set for August 24 through 27, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 04/24/2015
Proceedings: Order Granting Approved Applicant`s Motion to be Joined as a Party.
PDF:
Date: 04/21/2015
Proceedings: Approved Applicant's Motion to be Joined as a Party (PruittHealth-Leon County, LLC) filed.
PDF:
Date: 04/21/2015
Proceedings: Notice of Appearance (Frank Rainer) filed.
PDF:
Date: 04/20/2015
Proceedings: Centre Pointe HRC, LLC d/b/a Centre Pointe Health and Rehabilitation Center's First Request for Production to PruittHealth - Leon County, LLC filed.
PDF:
Date: 04/20/2015
Proceedings: Notice of Serving Centre Pointe HRC, LLC d/b/a Centre Pointe Health and Rehabilitation Center's First Interrogatories to PruittHealth - Leon County, LLC filed.
PDF:
Date: 04/20/2015
Proceedings: Centre Pointe HRC, LLC d/b/a Centre Pointe Health and Rehabilitation Center's Response to Initial Order filed.
PDF:
Date: 04/17/2015
Proceedings: (Agency's) Response to Initial Order filed.
PDF:
Date: 04/10/2015
Proceedings: Initial Order.
PDF:
Date: 04/09/2015
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 04/09/2015
Proceedings: Centre Pointe HRC, LLC's Petition for Formal Administrative Proceedings filed.
PDF:
Date: 04/09/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
04/09/2015
Date Assignment:
06/30/2015
Last Docket Entry:
09/24/2015
Location:
Altha, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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