15-005552CON Chapters Hospice Of Pinellas County, Inc. vs. Agency For Health Care Administration And Seasons Hospice &Amp; Palliative Care Of Pinellas County, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 2, 2016.

STATE OF FLORIDA Y

AGENCY FOR HEALTH CARE ADMINISTRATION

CHAPTERS HOSPICE OF PINELLAS

COUNTY, INC., 2016 MAY 1 A 1: 3 q

Petitioner, DOAH CASE NO.:

15- 5552CON

VS. AHCA CASE NO.: 2015009814

CON NO.: 10374

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

AND SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Respondents.

ODYSSEY HEALTHCARE OF MARION

COUNTY, LLC,

Petitioner, DOAH CASE NO.:

15- 5553CON

VS. AHCA CASE NO.: 2015009813

CON NO.: 10376

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

AND SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Respondents.

BROOKDALE HOSPICE, LLC,

Petitioner, DOAH CASE NO.:

15- 5555CON

VS. AHCA CASE NO.: 2015009749

CON NO.: 10373

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

AND SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Respondents.

i

VITAS HEALTH CARE CORPORATION

OF FLORIDA,

Petitioner, DOAH CASE NO.: 15-5557CON

AHCA CASE NO.: 2015009759

vs. CON NO.: 10381

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

AND SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Respondents.

I

COVENANT HOSPICE, INC.,

Petitioner, DOAHCASENO.: 15-5558CON

AHCA CASE NO.: 2015009754

vs. CON NO.: 10375

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

AND SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Respondents.

I

SEASONS HOSPICE & PALLIATIVE

CARE OF PINELLAS COUNTY, LLC,

Petitioner, DOAH CASE NO.: 15-5560CON

AHCA CASE NO.: 2015010189

VS. CON NO.: 10379

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION;

BROOKDALE HOSPICE, LLC;

CHAPTERS HOSPICE OF PINELLAS

COUNTY, INC.; COVENANT HOSPICE, INC.;

ODYSSEY HEALTHCARE OF MARION

COUNTY, LLC; AND VITAS HEALTHCARE

CORPORATION OF FLORIDA,

Respondents.

FINAL ORDER

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

("the Agency") concerning the preliminary denial of Certificate of CON 103 73 filed by

Brookdale Hospice, LLC ("Brookdale"), to establish a new hospice program, the preliminary

denial of CON 10374 filed by Chapters Hospice of Pinellas County, Inc. ("Chapters"), to

establish a new hospice program; the preliminary denial of CON 10375 filed by Covenant

Hospice, Inc. ("Covenant") to establish a new hospice program, the preliminary denial of CON

10376 filed by Odyssey Healthcare of Marion County, LLC ("Odyssey"), to establish a new

hospice program, the preliminary denial of CON 10381 filed by Vitas Healthcare Corporation of

Florida ("Vitas"), to establish a new hospice program, and the approved applicant's challenge of

the co-hatched denied applications.

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

programs hatching cycle with an application due date of August 21, 2015 for Sub-District 5-B.

For the case at hand, the reviews included in relevant part:

10373 Brookdale Hospice, LLC New Hospice Program Denied

10374 Chapters Hospice of Pinellas County, Inc. New Hospice Program Denied

10375 Covenant Hospice, Inc. New Hospice Program Denied

10376 Odyssey Healthcare of Marion County, LLC New Hospice Program Denied

10377 Palm Garden Hospice, LLC New Hospice Program Denied

10378 Regency Hospice of Northwest Florida, Inc. New Hospice Program Withdrawn

10379 Seasons Hospice and Palliative Care of

Pinellas County, LLC New Hospice Program Approved

10380 Tidewell Hospice, Inc. New Hospice Program Denied Denied

10381 VIT AS Healthcare Corporation of Florida New Hospice Program

2.

On August 24, 2015, the Agency published notice in the Florida Administrative

Register of its decisions regarding the preliminary denial of CON 10373. 10374, 10375, 10376,

10377, 10380 and 10381, and the preliminary approval of CON 10379.

3. On September 11, 2015, Covenant filed a Petition for Formal Hearing contesting

the denial of its CON 10375 and the approval of CON 10379.

4. On September 11, 2015, Vitas filed a Petition for Formal Hearing contesting the

denial ofits CON 10381 and the approval of CON 10379.

5. On September 14, 2015, Odyssey filed a Petition for Formal Hearing contesting

the denial ofits CON 10376 and the approval of CON 10379.

6. On September 14, 2015, Chapters filed a Petition for Formal Hearing contesting

the denial ofits CON 10374 and the approval of CON 10379.

7. On September 15, 2015, Brookdale filed an Amended Petition for Formal Hearing

contesting the approval of CON 1 03 73 and the approval of CON 1 03 79.

8. On September 14, 2015, the existing provider, The Hospice of the Florida

Suncoast, Inc. d/b/a Suncoast Hospice ("Suncoast") filed a Petition for Formal Hearing

challenging the Agency's decision approving CON 10379 filed by Seasons.

9. On September 21, 2015, the existing provider, Seasons, filed a Petition for Formal

Hearing challenging the co-hatched applications and supporting the Agency's denial of the

CONs filed by Brookdale, Odyssey, Chapters, Covenant and Vitas.

10. The Agency referred all of the petitions for hearing to the Division of

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

11. On October 7, 2015, the ALJ entered an Order of Consolidation for DOAH Case

Nos. 15-5552CON (Chapters), 15-5553CON (Odyssey), 15-5555CON (Brookdale), 15-

5556CON (Suncoast), 15-5557CON (Vitas), 15-5558CON (Covenant) and 15-5560CON

(Seasons).

12. On October 26, 2015, Vitas filed a Notice of Voluntary Dismissal dismissing its

petition. The ALJ entered an Order Closing File and Relinquishing Jurisdiction with regard to

15-5557CON.

13. On December 4, 2015, Odyssey filed a Notice of Voluntary Dismissal dismissing

its petition. The ALJ entered an Order Closing File and Relinquishing Jurisdiction with regard to

15-5553CON.

14. On December 31, 2015, Covenant filed a Notice of Voluntary Dismissal

voluntarily withdrawing and dismissing with prejudice its petition. The ALJ entered an Order

Closing File and Relinquishing Jurisdiction with regard to 15-5558CON.

15. On February 5, 2016, Brookdale filed a Notice of Voluntary Dismissal of it

amended petition. The ALJ entered an Order Closing File and Relinquishing Jurisdiction with

regard to 15-5555CON.

16. On February 26, 2016, Chapters filed a Notice of Voluntary Dismissal of its

petition. The ALJ entered an Order Closing File and Relinquishing Jurisdiction with regard to

15-5552CON.

17. On March 30, 2016, with respect to the challenge of the co-hatched applications,

the ALJ entered an Order Closing File and Relinquishing Jurisdiction stating that the challenges

that Seasons had filed to the co-hatched applications were rendered moot. The ALJ severed

DOAH Case No. 15-5556CON from DOAH Case No. 15-5560, closed it and relinquished

jurisdiction to the Agency.

18. The final hearing remains scheduled as to the petition for hearing that was filed by

Suncoast Hospice, 15-5556CON.

It is therefore ORDERED:

1. The denials of CON Application Nos. 10373 (Brookdale), 10374 (Chapters),

10375 (Covenant), 10376 (Odyssey) and 10381 (Vitas) are UPHELD.

2. The petition for formal hearing filed by Seasons as to the co-hatched applications

is dismissed.

ORDERED in Tallahassee, Florida, on this _&_gay __ .... f,___, 2016.

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 of

L!tf;;/ , 2016.

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

The Honorable Elizabeth W. McArthur

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP

Suite 750, 215 South Monroe Street

Tallahassee, Florida 32301

Attorney for Chapters Hospice of Pinellas County, Inc.

[e-mail]

[e-mail]

(Electronic Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLP

Suite 1500, 285 Peachtree Center A venue

Atlanta, Georgia 30303

Attorney for Chapters Hospice of Pinellas County, Inc.

[e-mail]

[e-mail]

(Electronic Mail)

M. Christopher Bryant, Esquire

Oertel, Fernandez, Bryant and Atkinson, P.A.

Post Office Box 1110

Tallahassee, Florida 32302-1110

Attorney for Odyssey Healthcare of Marion County, LLC

[e-mail]

[e-mail]

(Electronic Mail)

John M. Lockwood, Esquire

Kala Kelly, Esquire

The Lockwood Law Firm

Suite 810, 106 East College Avenue

Tallahassee, Florida 32301

Attorneys for Brookdale Hospice, LLC

[e-mail]

[e-mail]

(Electronic Mail)

Jeffrey L. Frehn, Esquire

Radey, Thomas, Yon and Clark

Suite 200, 301 South Bronaugh Street

Tallahassee, Florida 32301

Attorney for The Hospice of the Florida Suncoast, Inc. d/b/a Suncoast Hospice

jfrehn@radeylaw .com

[e-mail]

(Electronic Mail)

Michael A Igel, Esquire

Johnson Pope

Suite 200, 333 Third A venue North

St. Petersburg, Florida 33701

Attorney for The Hospice of the Florida Suncoast, Inc. d/b/a Suncoast Hospice

[e-mail]

[e-mail]

(Electronic Mail)

R. Terry Rigsby, Esquire

Brian A. Newman, Esquire

Pennington, P .A.

215 South Monroe Street, Second Floor (32301)

Post Office Box 1 0095

Tallahassee, Florida 32302-2095

Attorneys for Vitas Healthcare Corporation of Florida

[e-mail]

brian@penningtonlaw .com

[e-mail]

kowens@penningtonlaw .com

(Electronic Mail)

John F. Gilroy, III, Esquire

John F. Gilroy III, P.A.

Suite 2, 1695 Metropolitan Circle

Tallahassee, Florida 32308

Attorney for Covenant Hospice, Inc.

[e-mail]

(Electronic Mail)

Stephen C. Emmanuel, Esquire

Michael J. Glazer, Esquire

Eugene Rivers, Esquire

Ausley & McMullen

123 South Calhoun Street

Tallahassee, Florida 32301

Attorneys for Seasons Hospice and Palliative Care of Pinellas County, LLC

[e-mail]

mglazer@ausley .com

drivers@ausley .com

jmcvaney@ausley .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)

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)

Dayle D. Mooney, Unit Manager

Home Care Unit

Agency for Health Care Administration

(Electronic Mail)