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Home » Cases Under Administrative Hearing » 15-001964CON

15-001964CON Fountain Inn Nursing &Amp; Rehabilitation Center, Inc. vs. Con App Sumter, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2015.

View Dockets  

1STATE OF FLORIDA i t Cr,

7AGENCY FOR HEALTHCARE ADMINISTRATION

11CCRC- FREEDOM POINTE AT THE 2015 SEP I I A 59

22VILLAGES, LLC, d/ a b/ FREEDOM POINTE

29AT THE VILLAGES REHABILITATION

33AND HEALTHCARE CENTER,

36Petitioner, DOAH No. 15- 1968CON

41VS. AHCA No. 2015002585

45CON No. 10264

48INNOVATIVE MEDICAL MANAGEMENT

51SOLUTIONS, LLC, AND STATE OF

56FLORIDA, AGENCY FOR HEALTH CARE

61ADMINISTRATION,

62Respondents.

63CON APP SUMTER, LLC,

67Petitioner, DOAH No. 15- 1969CON

72vs. AHCA No. 2015002635

76CON No. 10265

79STATE OF FLORIDA, AGENCY FOR

84HEALTH CARE ADMINISTRATION,

87Respondent.

88FOUNTAIN INN NURSING AND

92REHABILITATION CENTER, INC.,

95Cross- Petitioner, DOAH No. 15- 1964CON

101VS. AHCA No. 2015003326

105CON No. 10266

108CON APP SUMTER, LLC,

112Cross- Respondent.

114INNOVATIVE MEDICAL MANAGEMENT

117SOLUTIONS, INC.,

119Cross- Petitioner, DOAH No. 15-1965CON

124vs. AHCA No. 2015003332

128CON No. 10267

131CCRC-FREEDOM POINTE AT THE

135VILLAGES REHABILITATION AND

138HEAL THCARE CENTER; CON APP

143SUMTER, LLC; AND AGENCY FOR

148HEALTH CARE ADMINISTRATION,

151Cross- Respondents.

153I

154FINAL ORDER

156THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the

171Agency") pursuant to relinquishment of each of the consolidated cases referenced above to the

186Agency for entry of a final order.

1931. The pleadings in these cases involved four certificate of need (CON) applicants:

206a. CON Application No. 10264, filed by CCRC-Freedom Pointe at the Villages, LLC

219(hereinafter "Freedom Pointe")- preliminarily denied by the Agency

228b. CON Application No. 10265 filed by CON APP Sumter, LLC (hereinafter "CON

241APP Sumter") - preliminarily denied by the Agency

250c. CON Application No. 10266 filed by Fountain Inn Nursing & Rehabilitation

262Center, Inc. (hereinafter "Fountain Inn")- preliminarily approved by the Agency

273d. CON Application No. 10267 filed by Innovative Medical Management Solutions,

284LLC (hereinafter "Innovative")- preliminarily approved by the Agency. 1

2942. The above-referenced cases were referred to the Division of Administrative

305Hearings (hereinafter "DOAH") and consolidated. The following constitutes a summary of the

3181 An application regarding CON Application No. 10268 was by Wesley Village SNF Operations, LLC, which was

335preliminarily denied by the Agency. Wesley did not file a petition challenging the denial of its application.

352relief requested within each petition:

357a. Freedom Pointe challenged the denial of its application (CON 10264) and the

370approval oflnnovative's application (CON 10267).

375b. CON APP Sumter challenged the denial of its application (CON 1 0265) and the

390approval of both Fountain Inn's application (CON 10266) and Innovative's application (CON

40210267).

403c. Fountain Inn filed a cross-petition supporting the denial of the CON APP Sumter's

417application (CON 10265).

420d. Innovative filed a cross-petitiOn supporting the denial of Freedom Pointe's

431application (CON 10264) and supporting the denial of CON APP Sumter's application (CON

44410265).

4453. On July 29,2015, CON APP Sumter filed a Notice of Voluntary Dismissal of its

461petition, resulting in dismissal a of its challenge to the denial of its application (CON 1 0265) and

479the approval of Fountain Inn's application (CON 10266).

4874. The DOAH closed this part ofthe case and relinquished jurisdiction to the Agency

501for entry of an order denying CON APP Sumter's application (CON 10265) and approving

515Fountain Inn's application (CON 10266). CON APP Sumter was also removed as party with

529respect to the approval of Innovative's application.

5365. On September 1, 2015, Freedom Pointe filed an Amended Notice of Voluntary

549Dismissal of its petition, resulting in a dismissal of its challenge to the denial of its application

566(CON 10264) and the approval of Innovative's application (CON 10267). With this dismissal,

579there were no remaining challenges to the approval of Innovative's application.

590IT IS ORDERED

5931. The Agency action denying CON Application No. 10264, filed by CCRC-Freedom

605Pointe at the Villages, LLC is UPHELD.

6122. The Agency action denying CON Application No. 10265 filed by CON APP

625Sumter, LLC, is UPHELD.

6293. The Agency action approving CON Application No. 10266 is UPHELD and

641Certificate ofNeed 10266 shall be issued to Fountain Inn Nursing & Rehabilitation Center, Inc.

6554. The Agency action approving CON Application No. 10267 is UPHELD and

667Certificate ofNeed 10267 shall be issued to Innovative Medical Management Solutions, LLC.

679ORDERED in Tallahassee, Florida, on this _/Uz_ day of

688NOTICE OF RIGHT TO JUDICIAL REVIEW

694A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

712instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

729along with the filing fee prescribed by law with the District Court of Appeal in the appellate

746district where the Agency maintains its headquarters or where a party resides. Review of

760proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

774Appeal must be filed within 30 days of the rendition of the order to be reviewed.

790CERTIFICATE OF SERVICE

793I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

809furnished by the method designated to the persons named below on this l 7' day of

825Richard J. Shoop, Agency Clerk

830Agency for Health Care Administration

8352727 Mahan Drive, Mail Stop #3

841Tallahassee, Florida 32308

844(850) 412-3630

846Elizabeth W. McArthur

849Administrative Law Judge

852Division of Administrative Hearings

856(ViaE-File)

857Jay Adams, Esquire

860Frank P. Rainer, Esquire

864Broad and Cassel

867215 South Monroe Street, Suite 400 (32301)

874Post Office Box 11900

878Tallahassee, Florida 32302

881Attorneys for CON APP SUMTER, LLC

887jadams@,broadandcassel.com

889frainer@broadandcassel.com

890kdilworth@broadandcassel.com

891(Via Electronic Mail)

894Stephen K. Boone, Esquire

898Boone, Boone, Boone, and Koda, P .A.

9051 001 A venida Del Circo

911Post Office Box 1596

915Venice, Florida 34284

918Attorney for Fountain Inn Nursing And Rehabilitation Center, Inc.

927sboone@boone-law.com

928PWilliamson@boone-law.com

929(Via Electronic Mail)

932Stephen C. Emmanuel, Esquire

936Eugene Dylan Rivers, Esquire

940Ausley & McMullen

943227 South Calhoun Street

947Tallahassee, Florida 32302

950Attorneys for Innovative Medical Management Solutions, LLC

957semmanuel@ausley .com

959drivers@ausley .com

961jmcvaney@ausley .com

963(Via Electronic Mail)

966John M. Lockwood, Esquire

970Kala Kelly, Esquire

973The Lockwood Law Firm

977106 East College A venue, Suite 810

984Tallahassee, Florida 32301

987Attorneys for Freedom Pointe at the Villages Rehabilitation & Healthcare Center

998john@lockwoodlawfirm.com

999kala@lockwoodlawfirm.com

1000(Via Electronic Mail)

1003Richard Joseph Saliba, Esquire

1007Logan A. White, Esquire

1011Assistants General Counsel

1014Office of the General Counsel

1019Agency for Health Care Administration

1024(Via Electronic Mail)

1027JaniceK. Mills

1029Government Analyst II

1032Facilities Intake Unit

1035Agency for Health Care Administration

1040(Via Electronic Mail)

1043Marisol M. Fitch

1046Unit Manager

1048Certificate of Need Unit

1052Agency for Health Care Administration

1057(Via Electronic Mail)

1060Bernard Hudson

1062Unit Manager

1064Long Term Care Unit

1068Agency for Health Care Administration

1073(Via Electronic Mail)

Dockets
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PDF
Date
Proceedings
PDF:
Date: 09/24/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 09/17/2015
Proceedings: Agency Final Order
PDF:
Date: 07/30/2015
Proceedings: Order Severing Case Nos. 15-1964CON and 15-1969CON, Closing Cases and Relinquishing Jurisdiction, and Conforming Style of Case No. 15-1965CON. CASE CLOSED.
PDF:
Date: 07/29/2015
Proceedings: Innovative Medical Management Solutions, LLC's Second Request for Production of Documents to CCRC-Freedom Pointe at the Villages, LLC filed.
PDF:
Date: 07/29/2015
Proceedings: (Petitioner's) Motion for Remand filed.
PDF:
Date: 07/29/2015
Proceedings: (Petitioner's) Notice of Voluntary Dismissal filed.
PDF:
Date: 07/28/2015
Proceedings: Innovative Medical Management Solutions, LLC's Preliminary Witness List filed.
PDF:
Date: 07/28/2015
Proceedings: Guardian Interlock, Inc.'s Witness List filed.
PDF:
Date: 07/27/2015
Proceedings: Innovative Medical Management Solutions, LLC's, Notice of Service of Second Interrogatories to CCRC-Freedom at the Villages, LLC filed.
PDF:
Date: 07/24/2015
Proceedings: Innovative Medical Management Solutions, LLC's Second Request for Admissions to CCRC-Freedom at the Villages, LLC filed.
PDF:
Date: 07/24/2015
Proceedings: Notice of Filing Freedom Pointe's Response to Innovative's First Set of Interrogatories (filed in Case No. 15-001968CON).
PDF:
Date: 07/23/2015
Proceedings: Order Denying CCRC-Freedom Pointe at The Villages Rehabilitation and HealthCare Center`s Motion to Amend Petition for Formal Administrative Hearing.
PDF:
Date: 07/22/2015
Proceedings: Agency's and Innovative's Joint Response in Opposition to CCRC-Freedom Pointe at the Villages, LLC's Motion for Leave to Amend Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/22/2015
Proceedings: Freedom Pointe's Response to Innovative's First Requests for Admissions (filed in Case No. 15-001968CON).
PDF:
Date: 07/20/2015
Proceedings: Freedom Pointe's Initial Responses to Innovative's Request for Production (filed in Case No. 15-001968CON).
PDF:
Date: 07/15/2015
Proceedings: Freedom Pointe's Notice of Service of First Interrogatories to Innovative (filed in Case No. 15-001968CON).
PDF:
Date: 07/15/2015
Proceedings: Freedom Pointe's Requests for Production of Documents to Innovative (filed in Case No. 15-001968CON).
PDF:
Date: 07/13/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/10/2015
Proceedings: (Petitioner's) Agreed upon Motion for Extension of Time to Respond to Freedom Pointes Motion to Amend filed.
PDF:
Date: 07/06/2015
Proceedings: CCRC-Freedom Pointe at the Villages, LLC's Motion to Amend Petition for Formal Administrative Hearing filed.
PDF:
Date: 06/26/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/22/2015
Proceedings: (Respondent's) Notice of Filing Joint Proposed Order of Pre-hearing Instrucitons filed.
PDF:
Date: 06/22/2015
Proceedings: Freedom Pointe's First Request for Production of Documents to CON App Sumter (filed in Case No. 15-001968CON).
PDF:
Date: 06/22/2015
Proceedings: Freedom Pointe's Notice of Service of First Interrogatories to CONN APP Sumter (filed in Case No. 15-001968CON).
PDF:
Date: 05/21/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/20/2015
Proceedings: (Petitioner's) Agreed Upon Motion to Extend Time for Filing Order of Prehearing Instructions filed.
PDF:
Date: 05/01/2015
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 05/01/2015
Proceedings: Notice of Hearing (hearing set for October 16, 26 through 30 and November 2 through 5, 2015; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 05/01/2015
Proceedings: Order Requesting Proposed Order of Pre-Hearing Instructions.
PDF:
Date: 05/01/2015
Proceedings: Notice Retaining Court Reporter filed.
Date: 04/30/2015
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 04/27/2015
Proceedings: CON APP Sumter LLC's Response to Initial Order filed.
PDF:
Date: 04/24/2015
Proceedings: Notice of Telephonic Status Conference (status conference set for April 30, 2015; 2:00 p.m.).
PDF:
Date: 04/22/2015
Proceedings: Innovative's Response to Initial Order filed.
PDF:
Date: 04/22/2015
Proceedings: (AHCA's) Response to Initial Order filed.
PDF:
Date: 04/21/2015
Proceedings: (Freedom Pointe's) Response to Initial Order (filed in Case No. 15-001968CON).
PDF:
Date: 04/21/2015
Proceedings: Notice of Appearance (Kala Kelly) (filed in Case No. 15-001968CON).
PDF:
Date: 04/20/2015
Proceedings: (Petitioner's) Amended Unopposed Motion for Case Management Conference filed.
PDF:
Date: 04/20/2015
Proceedings: Amended Order of Consolidation (DOAH Case Nos. 15-1964CON, 15-1965CON, 15-1968CON and 15-1969CON
PDF:
Date: 04/20/2015
Proceedings: (Petitioner's) Response to Initial Order filed.
PDF:
Date: 04/20/2015
Proceedings: (Petitioner's) Motion for Case Management Conference filed.
PDF:
Date: 04/16/2015
Proceedings: Notice of Transfer.
PDF:
Date: 04/16/2015
Proceedings: Notice of Transfer.
PDF:
Date: 04/13/2015
Proceedings: Initial Order.
PDF:
Date: 04/10/2015
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 04/10/2015
Proceedings: Petition Challenging Co-batched Applicants and Assertion of Right to a 60-Day Hearing filed.
PDF:
Date: 04/10/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ELIZABETH W. MCARTHUR
Date Filed:
04/10/2015
Date Assignment:
04/16/2015
Last Docket Entry:
09/24/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels