17-001915CON Tidewell Hospice Of Lake And Sumter, Inc. vs. Hospice Of Marion County, Inc., North Central Florida Hospice, Inc., Odyssey Healthcare Of Marion County, Llc, Pruitthealth Hospice-3ed, Llc, Vitas Healthcare Corporation Of Florida, Inc., And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, June 19, 2017.

STATE OF FLORIDA f:.,` ! r;';` i fir;;

AGENCY FOR HEALTH CARE ADMINISTRATION P 4: d 8

2011 JUN - b

TIDEWELL HOSPICE OF LAKE AND SUMTER, INC.

Petitioner, DOAH CASE NO.: 17- 1915CON

AHCA CASE NO.: 2017002123

VS. CON NO.: 10467

HOSPICE OF MARION COUNTY, INC.,

NORTH CENTRAL FLORIDA HOSPICE, INC.,

ODYSSEY HEALTHCARE OF MARION

COUNTY, LLC, PRUITTHEALTH HOSPICE- 3ED,

LLC, VITAS HEALTHCARE CORPORATION OF

FLORIDA, INC., AND STATE OF FLORIDA,

AGENCY FOR HEALTH CARE ADMINISTRATION

Respondent.

FINAL ORDER

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

Agency") concerning the preliminary denial of Certificate of Need (" CON") 10467 filed by

Tidewell Hospice of Lake and Sumter, Inc. (" Tidewell") to establish a new hospice program, with

respect to Sub - District 3- E.

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

programs batching cycle with an application due date of February 17, 2017, for the Sub - District

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

10463 Hospice of Marion County New Hospice Program Denied

10464 North Central Florida Hospice, Inc. New Hospice Program Denied

10465 Odyssey Healthcare of Marion County, LLC New Hospice Program Denied

10466 PruittHealth Hospice - 3E, LLC New Hospice Program Denied

10467 Tidewell Hospice of Lake and Sumter County, Inc. New Hospice Program Denied

10468 Vitas Healthcare Corporation of Florida New Hospice Program Approved

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

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

CON Nos. 10463, 10464, 10465, 10466 and 10468.

3. On February 23, 2017, Tidewell filed a Petition for Formal Administrative Hearing

contesting the denial of its CON 10467, and the approval of the co-hatched CON Application No.

10468.

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

Proceedings to challenge the Agency for Health Care Administration's preliminary approval of

Certificate of Need Application No. 10468 and to support the preliminary decision to deny the

other five comparatively reviewed certificate of need applications.

5. On March 15, 2017, VITAS filed a Cross-Petition for Fonnal Administrative

Hearing Challenging Co-Batched Applicant and Supporting Agency for Health Care

Administration's Preliminary Decision. Challenging the co-hatched applicant and supporting the

Agency's preliminary decision.

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

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

7. On April II, 2017, DOAH entered an Order of Consolidation, consolidating DOAH

Case Nos. 17-1911 CON (Cornerstone), 17-1915CON (Tidewell) and 17-1516CON (VITAS).

8. On May 22, 2017, Tidewell filed a Notice of Voluntary Dismissal voluntarily

dismissing with prejudice its petition and withdraws its CON Application No. 10467.

9. This dismissal results in a confirmation of the Agency action denying the

preliminary application of CON 10467.

It is therefore ORDERED:

1. The Agency's preliminary denial of CON 10467 is UPHELD.

ORDERED in Tallahassee, Florida, on this 6 fh day of_-=J=--=u=n.:_l2 _____ , 2017.

Justin M. Senior, cretary

Agency For Health 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 of

2017.

Richard J. Shoop, Agency

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

Copies Furnished To:

James H. Peterson, III

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

Karl David Acuff, Esquire

Law Offices of Karl David Acuff, P .A.

1615 Village Square Boulevard, Suite 2

Tallahassee, Florida 32309-2770

kd _ [e-mail]

Attorney for TIDEWELL HOSPICE OF LAKE AND SUMTER, INC

Robert Newell, Jr., Esquire

817 North Gadsden Street

Tallahassee, Florida 32303

[e-mail]

[e-mail]

Attorney For CORNERSTONE HOSPICE & PALLIATIVE CARE, INC.

R. Terry Rigsby, Esquire.

Brian Newman, Esquire

Post Office Drawer 10095215

South Monroe Street, 2nd Floor

Tallahassee, Florida 32302-2095

trigsby@penningtonlaw. com

brian@penningtonlaw .com

kowens@penningtonlaw .com

Attorneys For VITAS HEALTHCARE CORPORATION OF FLORIDA

Richard Joseph Saliba, Esquire

Kevin M. Marker, Esquire

Lindsey L. Miller-Hailey, 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 of Need Unit

Agency for Health Care Administration

(Electronic Mail)

Bernard Hudson, Unit Manager

Long Term Care Unit

Agency for Health Care Administration

(Electronic Mail)