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Home » Cases Under Administrative Hearing » 15-001923CON

15-001923CON Osceola Con, Llc vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2015.

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110324 7-3 CON LLC 120 Beds Denied

810325 Kissimmee HRC, LLC 130 Beds Denied

1510326 Osceola CON, LLC 120 Beds Denied

2210327 Osceola Springs NH, LLC 130 Beds Denied

3010328 Tri-County Nursing & Rehabilitation Center, Inc. 120 Beds Approved

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

53Register of its decisions regarding the preliminary approval of CON 10328 and denials of CON

68Nos. 10324, 10325, 10326 and 10327.

743. On March 16, 2015, Osceola filed a Petition for Formal Administrative Hearing

87contesting the denial of its CON 10326 and the approval ofTri-County's CON 10328.

1004. On March 25, 2015, Tri-County filed a Petition Challenging Co-Batched

111Applicants and Assertion of Right to a 60-Day Hearing challenging all co-hatched applicants.

1245. The Agency referred the petitions to the Division of Administrative Hearings

136("DOAH") and an Administrative Law Judge ("ALJ") was assigned.

1496. On May 6, 2015, the ALJ entered an Order of Consolidation consolidating DOAH

163Case 15-1921CON and DOAH Case 15-1923CON.

1697. On July 29, 2015, Osceola filed a Notice of Voluntary Dismissal voluntarily

182dismissing and withdrawing its petition for hearing with prejudice.

1918. July 29, 2015, Tri-County filed a Motion to Remand stating that Tri-County is the

206approved applicant and that the only party that challenged its approval was Osceola. Given that

221Osceola dismissed its petition for hearing with prejudice, there were no remaining challenges to

235Tri-County's CON.

2379. On July 30, 2015, the ALJ entered an Order Closing Files and Relinquishing

251Jurisdiction.

252It is therefore ORDERED:

2561. The denial of Osceola's CON 10326 is UPHELD.

2652. The approval of Tri-County's CON 10328 is UPHELD. The Agency shall issue

278CON 10328 to Tri-County Nursing & Rehabilitation Center, Inc.

287ORDERED in Tallahassee, Florida, on this /2 day of 2015.

297NOTICE OF RIGHT TO JUDICIAL REVIEW

303A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

321instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

338along with the filing fee prescribed by law with the District Court of Appeal in the appellate

355district where the Agency maintains its headquarters or where a party resides. Review of

369proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

383Appeal must be filed within 30 days of the rendition of the order to be reviewed.

399CERTIFICATE OF SERVICE

402I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

417been furnished by the method designated to the persons named below on this /Y -:::c-:- day of

434Richard J. Shoop, Agency

438Agency for Health Care Administration

4432727 Mahan Drive, Mail Stop #3

449Tallahassee, Florida 32308

452(850) 412-3630

454The Honorable RobertS. Cohen

458Administrative Law Judge

461Division of Administrative Hearings

465(Electronic Filing)

467Stephen K. Boone, Esquire

471Boone, Boone, Boone, and Koda, P .A.

4781001 Avenida Del Circo

482Post Office Box 1596

486Venice, Florida 34284

489Attorney for Tri-County Nursing and Rehabilitation Center, Inc.

497sboone@boone-law.com

498PWilliamson@boone-law.com

499(Electronic Filing)

501Jay Adams, Esquire

504Frank P. Rainer, Esquire

508Broad and Cassel

511215 South Monroe Street, Suite 400

517Tallahassee, Florida 32301

520Attorneys for Osceola CON, LLC

525jadams@broadandcassel.com

526frainer@broadandcassel.com

527kdilworth@broadandcassel.com

528(Electronic Mail)

530Richard Joseph Saliba, Esquire

534Logan A. White, Esquire

538Assistants General Counsel

541Office of the General Counsel

546Agency for Health Care Administration

551(Electronic Mail)

553JaniceK. Mills, Government Analyst II

558Facilities Intake Unit

561Agency for Health Care Administration

566(Electronic Mail)

568Marisol M. Fitch, Unit Manager

573Certificate ofNeed Unit

576Agency for Health Care Administration

581(Electronic Mail)

583Bernard Hudson, Unit Manager

587Long Term Care Unit

591Agency for Health Care Administration

596(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/26/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 10/15/2015
Proceedings: Agency Final Order
PDF:
Date: 10/15/2015
Proceedings: Agency Final Order
PDF:
Date: 10/15/2015
Proceedings: Agency Final Order
PDF:
Date: 07/30/2015
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 07/29/2015
Proceedings: (Petitioner's) Motion to Remand filed.
PDF:
Date: 07/29/2015
Proceedings: (Petitioner's) Notice of Voluntary Dismissal filed.
PDF:
Date: 06/26/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/26/2015
Proceedings: (Petitioner's) Notice of Filing Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 06/11/2015
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 06/10/2015
Proceedings: Notice of Transfer.
PDF:
Date: 05/06/2015
Proceedings: Notice of Retaining Court Reporter filed.
PDF:
Date: 05/06/2015
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 05/06/2015
Proceedings: Notice of Hearing (hearing set for November 16 through 20, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/06/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-1921CON, and 15-1923CON).
PDF:
Date: 04/24/2015
Proceedings: Notice of Telephonic Status Conference filed.
PDF:
Date: 04/21/2015
Proceedings: Osceola CON, LLC's Response to Initial Order filed.
PDF:
Date: 04/20/2015
Proceedings: (Petitioner's) Unopposed Motion for Case Management Conference 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: Petition for Formal Administrative Hearing 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:
06/10/2015
Last Docket Entry:
10/26/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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