15-001938CON Hsp Citrus, Llc vs. Alachua County Hrc, Llc; Cross City Rehabilitation And Health Care Center; Pruitthealth-Alachua County And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, July 31, 2015.

("the Agency") concerning the preliminary denial of Certificate ofNeed ("CON") 10250 filed by

Alachua County HRC, LLC ("Alachua HRC"), to establish a new 140-bed community nursing

home; the preliminary denial of CON 10254 filed by PruittHealth-Alachua County LLC

("PruittHealth-Alachua") to establish a new 120-bed community nursing home and a partial of

90 beds, and the preliminary approval of CON 1 0251 filed by Cross City Rehabilitation &

Health Care Center ("Cross City"), with respect to the fixed need pool for Sub-District 3-2.

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 3-2. For the case at hand, the reviews included in relevant part:

10250 Alachua County HRC, LLC 140 Beds Denied

10251 Cross City Rehabilitation & Health Care Center 30 Beds Approved

10252 HSP Citrus, LLC 120 Beds Approved Approved

10253 Oak Hammock at the University of Florida 17 Beds 1 Denied

10254 PruittHealth-Alachua County, LLC 120 Beds

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

Register of its decisions regarding the preliminary denial of CON 10250 and 10254 and the

preliminary approvals of CON 10251, CON 10252 and CON 10253.

3. On March 13, 2015, Alachua HRC filed a Petition for Formal Administrative

Hearing contesting the Agency's preliminary denial of the denial of its CON 10250. Alachua

HRC also contested the Agency's preliminary approval of CON 10252 filed by HSP Citrus,

LLC, supported the denial of PruittHealth-Alachua's CON 10254. Alachua HRC did not

challenge the Agency's preliminary approvals of co-batched CONs 10251 and 10253.

4. On March 16, 2015, PruittHealth-Alachua filed a Petition for Formal

Administrative Hearing contesting the denial of its CON 10254 and the approval of CONs 10251

to Cross City Rehabilitation & Health Care Center and CON 10252 to HSP Citrus, LLC.

1 The 17 beds were through the conversion of 17 sheltered nursing home beds. No party contested the preliminary

approval of CON 10253 to Oak Hammock at the University of Florida.

5. On March 30, 2015, HSP Citrus, LLC, filed a Cross-Petition for Formal

Administrative Hearing supporting the approval of its CON 10252 and the denials of CON

10250, 10251 and 10254.

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

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

7. On April 16, 2015, the ALJ entered an Order of Consolidation consolidating the

cases for the three petitions.

8. On July 7, 2015, PruittHealth-Alachua filed a Notice of Voluntary Dismissal

(DOAH Case No. 15-1926 CON) withdrawing its Petition for Formal Administrative Hearing

and voluntarily dismissing its administrative appeal in the proceeding.

9. On July 7, 2015, DOAH entered an Order Severing DOAH Case No. 15-

1926CON and Closing File and Relinquishing Jurisdiction.

10. On July 22, 2015, Alachua HRC filed a Notice of Voluntary Dismissal with

prejudice (DOAH Case No. 15-1925CON) of its Petition for Formal Administrative Proceeding.

11. On July 29, 2015, DOAH entered an Order Severing DOAH Case No. 15-

1925CON and Closing File and Relinquishing Jurisdiction.

12. On July 29, 2015, DOAH entered an Order Severing Party with regard to HSP's

Partial Voluntary Dismissal as to CON 1 0251.

13. On July 30, 2015, HSP filed an Unopposed Motion to Close File and Relinquish

Jurisdiction (DOAH Case No. 15-1938CON) for entry of a final order granting its CON 10252.

14. On July 31, 2015, DOAH entered an Order Closing File and Relinquishing

Jurisdiction with regard to 15-1938CON.

It is therefore ORDERED:

1. The denial ofCON 10250 is UPHELD.

2. The denial of CON 10254 is UPHELD.

3. The approval of CON 10251 is UPHELD. The Agency shall issue CON 10251 to

Cross City Rehabilitation & Health Care Center.

4. The approval of CON 10252 is UPHELD. The Agency shall issue CON 10252 to

HSP Citrus, LLC.

ORDERED in Tallahassee, Florida, on this 5day , 2015.

ek, Secretary

alth 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 ,

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

RobertS. Cohen

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP

215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

[e-mail]

[e-mail]

Attorney for Alachua County HRC, LLC

(Electronic Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLP

285 Peachtree Center A venue, Suite 1500

Atlanta, Georgia 30303

[e-mail]

Attorney for Alachua County HRC, LLC

(Electronic Mail)

Jay Adams, Esquire

Frank P. Rainer, Esquire

Broad and Cassel

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301

[e-mail]

[e-mail]

[e-mail]

Attorneys for PruittHealth-Alachua County, LLC

(Electronic Mail)

Karen Ann Putnal, Esquire

Robert A. Weiss, Esquire

Moyle Law Firm, P.A.

118 North Gadsden Street

Tallahassee, Florida 32301

[e-mail] rweiss@moy lelaw.com

[e-mail]

Attorneys for HSP Citrus, LLC

(Electronic Mail)

John

F. Gilroy, III, Esquire

John F. Gilroy III, P.A.

1695 Metropolitan Circle, Suite 2

Tallahassee, Florida 32308

[e-mail]

Attorney for CCHI, LLC d/b/a

Cross City Rehabilitation and Health Care Center

(Electronic Mail)

Richard Joseph Saliba, Esquire

Kevin Michael Marker, Esquire

Assistants General Counsel

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

JaniceK. Mills, Government Analyst II

Facilities Intake Unit

Agency for Health Care Administration

(Electronic Mail)

Marisol M. Fitch, Unit Manager

Certificate ofNeed Unit

Agency for Health Care Administration

(Electronic Mail)

Bernard Hudson, Unit Manager

Long Term Care Unit

Agency for Health Care Administration

(Electronic Mail)