eLaws | eCases | Florida State | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations |
Home » Cases Under Administrative Hearing » 16-002495

16-002495 Covenant Hospice, Inc. vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 13, 2016.

View Dockets  

1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

9COVENANT HOSPICE, INC.,

12Petitioner

13DOAH CASE NO.: 16 - 2495

19VS. AHCA CASE NO.: 2016004732

24STATE OF FLORIDA, AGENCY FOR

29HEALTH CARE ADMINISTRATION,

32Respondent.

33FINAL ORDER

35THIS CAUSE is before the State of Florida, Agency for Health Care Administration ( "

49the

50Agency ")

52concerning the fixed need pool challenge to the Agency' s determination of a fixed

66need pool for one ( 1)

72additional hospice program in Hospice Service Area 1, Escambia,

81Okaloosa, Santa Rosa and Walton Counties, Florida for the July 2017 hospice planning horizon.

951.

96On April 1, 2016, Florida Administrative Register, Volume 42, Number 64, the

108Agency published its Notice of Hospice Program Fixed Need Pool.

1182. On April 11,

1222016 Covenant notified the Agency of an error identified in the

133hospice fixed need pool for Hospice Area 1 for the April, 2017 planning horizon.

1473.

148On April 22, 2016, Covenant filed a Petition for Formal Hearing contesting the

161Agency' s determination of a fixed need pool of one additional hospice program in Hospice Service

177Area 1, Escambia, Okaloosa, Santa Rosa and Walton Counties, Florida for the July 2017 hospice

192planning horizon.

1944.

195The Agency referred the Petition to the Division of Administrative Hearings and

207an Administrative Law Judge ( " ALJ ") was assigned.

2165. On May 12, 2016, Covenant filed a Petitioner's Notice of Voluntary Dismissal

229voluntarily withdrawing and dismissing with prejudice its Petition.

2376. On May 13, 2016, the ALJ entered an Order Closing File.

249It is therefore ORDERED:

253I. The Agency's determination of the fixed need pool of one ( 1) additional hospice

268program in Hospice Service Area 1 is UPHELD.

276ORDERED in Tallahassee, Florida, on day of '2016.

284NOTICE OF RIGHT TO JUDICIAL REVIEW

290A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

308instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

325along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

343where the Agency maintains its headquarters or where a party resides. Review of proceedings

357shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

373filed within 30 days of the rendition of the order to be reviewed.

386CERTIFICATE OF SERVICE

389I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

405furnished by the method designated to the persons named below on this of

418u:=-· 2016.

420oop, Agency Clerk

423Agency for Health Care Administration

4282727 Mahan Drive, Mail Stop #3

434Tallahassee, Florida 32308

437(850) 412-3630

439Copies Furnished To:

442James H. Peterson, III

446Administrative Law Judge

449Division of Administrative Hearings

453(Electronic Filing)

455John F. Gilroy, III, Esquire

460John F. Gilroy III, P.A.

4651695 Metropolitan Circle, Suite 2

470Tallahassee, Florida 32308

473Attorney for Florida Medical Systems, LLC

479john@jgilroylaw.com

480Counsel for COVENANT HOSPICE, INC.

485(Electronic Mail)

487Richard Joseph Saliba, Assistant General Counsel

493Michael J. Hardy, Assistant General Counsel

499Office of the General Counsel

504Agency for Health Care Administration

509(Electronic Mail)

511JaniceK. Mills, Government Analyst II

516Facilities Intake Unit

519Agency for Health Care Administration

524(Electronic Mail)

526Marisol M. Fitch, Unit Manager

531Certificate ofNeed Unit

534Agency for Health Care Administration

539(Electronic Mail)

541Bernard Hudson, Unit Manager

545Long Term Care Unit

549Agency for Health Care Administration

554(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/02/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 06/01/2016
Proceedings: Agency Final Order
PDF:
Date: 05/13/2016
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 05/12/2016
Proceedings: Petitioner's Notice of Voluntary Dismissal filed.
PDF:
Date: 05/09/2016
Proceedings: Motion to Relinquish filed.
PDF:
Date: 05/06/2016
Proceedings: Motion to Dismiss Petition for Formal Administrative Hearing filed.
PDF:
Date: 05/06/2016
Proceedings: Initial Order.
PDF:
Date: 05/05/2016
Proceedings: Agency action letter filed.
PDF:
Date: 05/05/2016
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 05/05/2016
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JAMES H. PETERSON, III
Date Filed:
05/05/2016
Date Assignment:
05/06/2016
Last Docket Entry:
06/02/2016
Location:
Pensacola, Florida
District:
Northern
Agency:
Other
 

Counsels