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17-001911CON Cornerstone Hospice And Palliative Care, Inc. vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 1, 2017.

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110465 Odyssey Healthcare of Marion County, LLC New Hospice Program Denied

1210466 PruittHealth Hospice-3E, LLC New Hospice Program Denied

2010467 Tidewell Hospice of Lake & Sumter, Inc. New Hospice Program Denied

3210468 Vitas Healthcare Corporation of Florida New Hospice Program Approved

422. On February 20, 2017, the Agency published notice in the Florida Administrative

55Register of its decisions regarding the preliminary approval of CON 10468, and the denials of

70CON Nos. 10463, 10464, 10465, 10466 and 10467.

783. On March 10, 2017, Cornerstone filed a Petition for Formal Administrative

90Proceedings to challenge the Agency's preliminary approval of CON Application No. 10468 and

103to support the preliminary decision to deny the other five comparatively reviewed certificate of

117need applications.

1194. On March 15, 2017, Vitas filed a Cross-Petition for Formal Administrative Hearing

132Challenging Co-Batched Applicant 1 and Supporting Agency for Health Care Administration's

143Preliminary Decision.

1455. The Agency referred the Petitions to the Division of Administrative Hearings and

158an Administrative Law Judge ("ALJ") was assigned.

1676. On April11, 2017, DOAH entered an Order of Consolidation, consolidating DOAH

179Case Nos. 17-1911CON (Cornerstone), 17-1915CON (Tidewell) and 17-1916CON (Vitas).

1887. On July 28, 2017, Cornerstone filed a Notice of Voluntary Dismissal voluntarily

201dismissing with prejudice its petition.

2068. There are no other challenges to the approval of Vitas.

217It is therefore ORDERED:

2211. The Agency's preliminary approval of CON 10468 is UPHELD. The Agency shall

234issue CON 10468 to Vitas.

2391 The co-hatched applicant, Tidewell Hospice of Lake and Sumter, Inc., voluntarily dismissed its petition and a final

257order was entered on June 6, 2017 (DOAH Case No. 17-1915, AHCA Case No. 2017002123).

272ORDERED in Tallahassee, Florida, on this 3rJ day of __ /t_;__uq+_(J_S_f ___ , 2017.

286J

287NOTICE OF RIGHT TO JUDICIAL REVIEW

293A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

311instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

328along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

346where the Agency maintains its headquarters or where a party resides. Review of proceedings

360shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

376filed within 30 days of the rendition of the order to be reviewed.

389CERTIFICATE OF SERVICE

392I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

408furnished by the method designated to the persons named below on this of

421A::JL

422Richard 1. Shoop, Agenc Clerk

427Agency for Health Care Administration

4322727 Mahan Drive, Mail Stop #3

438Tallahassee, Florida 32308

441(850) 412-3630

443Copies Furnished To:

4461 ames H. Peterson, III

451Administrative Law Judge

454Division of Administrative Hearings

458(Electronic Filing)

460Karl David Acuff, Esquire

464Law Offices of Karl David Acuff, P.A.

4711615 Village Square Boulevard, Suite 2

477Tallahassee, Florida 32309-2770

480kd_acuff@ floridacourts.com

482Attorney for TIDEWELL HOSPICE OF LAKE AND SUMTER, INC

491Robert Newell, Jr., Esquire

495817 North Gadsden Street

499Tallahassee, Florida 32303

502rdnew@ newellandterry .com

505nancy@ newellandterry.com

507Attorney For CORNERSTONE HOSPICE & PALLIATIVE CARE, INC.

515R. Terry Rigsby, Esquire.

519Brian Newman, Esquire

522Post Office Drawer 10095215

526South Monroe Street, 2nd Floor

531Tallahassee, Florida 32302-2095

534trigsby@penningtonlaw .com

536brian @penningtonlaw .com

539kowens @penningtonlaw .com

542Attorneys For VIT AS HEALTH CARE CORPORATION OF FLORIDA

551Richard Joseph Saliba, Esquire

555Kevin M. Marker, Esquire

559Lindsey L. Miller-Hailey, Esquire

563Assistants General Counsel

566Office of the General Counsel

571Agency for Health Care Administration

576(Electronic Mail)

578JaniceK. Mills, Government Analyst II

583Facilities Intake Unit

586Agency for Health Care Administration

591(Electronic Mail)

593Marisol M. Fitch, Unit Manager

598Certificate of Need Unit

602Agency for Health Care Administration

607(Electronic Mail)

609Bernard Hudson, Unit Manager

613Long Term Care Unit

617Agency for Health Care Administration

622(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/04/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 08/03/2017
Proceedings: Agency Final Order
PDF:
Date: 08/01/2017
Proceedings: Order Closing Files. CASE CLOSED.
PDF:
Date: 07/28/2017
Proceedings: Cornerstone Hospice's Notice of Voluntary Dismissal filed.
PDF:
Date: 07/19/2017
Proceedings: The Agency for Health Care Administration's Cross-notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 07/18/2017
Proceedings: Vitas Healthcare Corporation of Florida's Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 07/18/2017
Proceedings: Notice of Appearance (Matthew Bryant; filed in Case No. 17-001916CON).
PDF:
Date: 07/14/2017
Proceedings: Notice of Taking the Deposition of Ronald T. Luke filed.
PDF:
Date: 06/28/2017
Proceedings: Cornerstone's First Request for Production to VITAS filed.
PDF:
Date: 06/26/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/26/2017
Proceedings: Amended Notice of Hearing (hearing set for September 12, 18 through 22 and September 25, 2017; 9:00 a.m.; Tallahassee, FL; amended as to Date).
PDF:
Date: 06/23/2017
Proceedings: Order on Telephonic Status Conference.
PDF:
Date: 06/22/2017
Proceedings: Letter Regarding Hearing Dates filed by R. Terry Rigsby.
PDF:
Date: 06/19/2017
Proceedings: Cornerstone's Response to VITAS Motion to Compel filed.
PDF:
Date: 06/19/2017
Proceedings: Notice of Telephonic Status Conference (status conference set for June 22, 2017; 3:00 p.m.).
PDF:
Date: 06/15/2017
Proceedings: Cornerstone Hospice's Response in Opposition to AHCA's Motion to Dismiss Section 120.57(1)(e) Claim filed.
PDF:
Date: 06/12/2017
Proceedings: Vitas Healthcare Corporation of Florida's Motion to Compel Discovery from Cornerstone Hospice and Palliative Care, Inc. filed.
PDF:
Date: 06/08/2017
Proceedings: Agency Motion to Dismiss Section 120.57(1)(e), Fla. Stat. Claim Filed by Cornerstone Hospice and Palliative Care, Inc. Upon a Basis of Lack of Subject Matter Jurisdiction and Upon Basis of Incurable Errors in the Petition filed.
PDF:
Date: 06/07/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 06/06/2017
Proceedings: Agency Final Order
PDF:
Date: 06/02/2017
Proceedings: Notice of Telephonic Status Conference (status conference set for June 6, 2017; 10:00 a.m.).
PDF:
Date: 06/02/2017
Proceedings: Cornerstone Hospice's Preliminary Witness List filed.
PDF:
Date: 06/02/2017
Proceedings: Vitas Healthcare Corporation of Florida's Preliminary Witness List filed.
PDF:
Date: 05/22/2017
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 04/27/2017
Proceedings: Notice of Filing (Proposed Order of Pre-hearing Instructions) filed.
PDF:
Date: 04/27/2017
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 04/24/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 04/20/2017
Proceedings: Motion for Enlargement of Time to File Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 04/13/2017
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 04/13/2017
Proceedings: Notice of Hearing (hearing set for September 18 through 22 and 25 through 29, 2017; 9:00 a.m.; Tallahassee, FL; amended as to ).
PDF:
Date: 04/13/2017
Proceedings: Order Denying Without Prejudice, the Agency for Health Care Administration's Motion to Dismiss and Motion to Strike.
PDF:
Date: 04/12/2017
Proceedings: Cornerstone Hospice's Withdrawal of It's Motion to Disqualify the Administrative Law Judge filed.
PDF:
Date: 04/11/2017
Proceedings: Vitas healthcare Corporation of Florida's First Request for Production of Documents to Tidewell Hospice, Inc., d/b/a Tidewell Hospice of Lake and Sumter, Inc. filed.
PDF:
Date: 04/11/2017
Proceedings: Notice of Serving Vitas Healthcare Corporation of Florida's First Interrogatories to Tidewell Hospice, Inc., d/b/a Tidewell Hospice of Lake and Sumter, Inc. filed.
PDF:
Date: 04/11/2017
Proceedings: Vitas Healthcare Corporation of Florida's First Request for Production of Documents to Cornerstone Hospice & Palliative Care, Inc. filed.
PDF:
Date: 04/11/2017
Proceedings: Notice of Serving Vitas Healthcare Corporation of Florida's First Interrogatories to Cornerstone Hospice & Palliative Care, Inc. filed.
PDF:
Date: 04/11/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-1911CON, 17-1915CON, 17-1916CON).
PDF:
Date: 04/10/2017
Proceedings: Cornerstone's Submission of the Joint Response to the Initial Order, and Supplement filed.
PDF:
Date: 04/10/2017
Proceedings: Notice of Motion Hearing (Motion hearing set for April 12, 2017; 10:00 a.m.; Tallahassee, FL).
PDF:
Date: 04/07/2017
Proceedings: Notice of Transfer.
PDF:
Date: 04/07/2017
Proceedings: Cornerstone's Memorandum of Law in Support of the Motion to Disqualify the ALJ filed.
PDF:
Date: 04/07/2017
Proceedings: Cornerstone Hospice's Motion to Disqualify the Administrative Law Judge filed.
PDF:
Date: 04/06/2017
Proceedings: Petitioner Cornerstone Hospice's Response in Opposition to AHCA's Motion to Dismiss and AHCA's Motion to Strike filed.
PDF:
Date: 03/30/2017
Proceedings: The Agency for Health Care Administration's Motion to Strike filed.
PDF:
Date: 03/30/2017
Proceedings: The Agency for Health Care Administration's Motion to Dismiss Petition Without Prejudice filed.
PDF:
Date: 03/30/2017
Proceedings: The Agency for Health Care Administration's Answer to Petition for Formal Administrative Proceedings filed.
PDF:
Date: 03/30/2017
Proceedings: Initial Order.
PDF:
Date: 03/28/2017
Proceedings: Letter to Marisol Fitch from David Acuff requesting the Agency to confirm applicability of Rule 59C-1.0355(4)(b) filed.
PDF:
Date: 03/28/2017
Proceedings: Petition for Formal Administrative Proceedings filed.
PDF:
Date: 03/28/2017
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 03/28/2017
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JAMES H. PETERSON, III
Date Filed:
03/28/2017
Date Assignment:
04/07/2017
Last Docket Entry:
08/04/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels

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