17-003900CON Galencare, Inc., D/B/A Brandon Regional Hospital vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, October 9, 2017.

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STATE OF FLORIDA ; j - 4'' 1 `'-- r ti

AGENCY FOR HEALTH CARE ADMINISTRATIOI 017 OCT 2

P 2: 11

GALENCARE, INC., d/ b/ a

BRANDON REGIONAL HOSPITAL,

Petitioner, DOAH CASE NO.: 17- 390000N

AHCA CASE NO.: 2017006916

VS. CON NO.: 10481

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

and

UNIVERSITY COMMUNITY HOSPITAL,

INC., d/ b/ a FLORIDA HOSPITAL TAMPA,

AND FLORIDA HEALTH SCIENCES CENTER,

INC., d/ b/ a TAMPA GENERAL HOSPITAL,

Intervenors.

II

HEALTHSOUTH REHABILITATION HOSPITAL

OF HILLSBOROUGH COUNTY, LLC,

Petitioner, DOAH CASE NO.: 17- 3901CON

AHCA CASE NO.: 2017006887

vs. CASE NO.: CON 10482

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

and

UNIVERSITY COMMUNITY HOSPITAL,

INC., d/ b/ a FLORIDA HOSPITAL TAMPA,

AND FLORIDA HEALTH SCIENCES CENTER,

INC., d / b/ a TAMPA GENERAL HOSPITAL,

Intervenors.

FINAL ORDER

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

the Agency") concerning the preliminary denial of Certificate of Need 10481 filed by Galen,

Inc. d/ b/ a Brandon Regional Hospital (" Brandon Regional") to establish a 30 - bed comprehensive

medical rehabilitation unit and the preliminary denial of CON 10482 filed by HealthSouth

Rehabilitation Hospital of Hillsborough County, LLC (" HealthSouth") to establish a new 60 - bed

comprehensive medical rehabilitation facility, both with respect to District 6

1. On June 6, 2017, the Agency issued its decision regarding the preliminary denials

of CON 10481 and CON 10482.

2. On June 26, 2017, HealthSouth filed an Amended Petition for Formal

Administrative Hearing contesting the Agency' s denial of its CON 10482.

3. On June 27, 2017, Brandon Regional filed a Petition for Formal Administrative

Proceeding contesting the Agency' s denial of its CON 10481.

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

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

5. On July 21, 2017, Florida Hospital Tampa filed a Petition to Intervene in 17-

390000N supporting the Agency denial of the application of Branden Regional.

6. On July 25th 2017, Tampa General Hospital filed Petition to Intervene in case #

17- 390000N and in case # 17- 3901 CON supporting the Agency denial of Brandon CON 10481

and supporting the Agency denial of HealthSouth CON 10482.

7. On July 25, 2017, the ALJ entered an Order of Consolidation of Brandon Regional

Case No. 17- 390000N) and HealthSouth ( Case No. 17- 3901 CON).

8. On date of September 7, 2017, Petitioner, HealthSouth filed a voluntary dismissal

dismissing its petition seeking to reverse the Agency decision to deny CON 10482.

9. On date of September 7, 2017, Petitioner, Brandon Regional filed a voluntary

dismissal which dismissing its petition seeking to reverse the Agency decision to deny CON

10481.

10. There are no existing challenges to the Agency denial of CON 10481 and CON

10482.

It is therefore ORDERED:

1. The Agency' s denial of Brandon Regional ( CON 1048 1) is UPHELD.

2. The Agency' s denial of HealthSouth ( CON 10482) is UPHELD.

3. ORDERED in Tallahassee, Florida, on this 271 day of Odo6ar ,

2017.

111

40, 41

Justi M. Seni , Secretary

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 ; ZZ'__ day of

2017.

Richard J. Shoop, Agenc lerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308

850) 412- 3630

Copies Furnished To:

W. David Watkins

Administrative Law Judge

Division of Administrative Hearings

Electronic Filing)

Stephen A. Ecenia, Esquire

Craig D. Miller, Esquire

Rutledge Ecenia, P . A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301

steve@rutledge- ecenia. com

cmiller@rutledge- ecenia. com

jennifer@rutledge- ecenia. com

roxanne@rutledge- ecenia. com

vicki@rutledge- ecenia. com

Attorneys for GALENCARE, INC:, d/ b/ a BRANDON REGIONAL HOSPITAL

Electronic Mail)

R. Terry Rigsby, Esquire

Matthew Bryant, Esquire

Post Office Drawer 10095

Tallahassee, FL 32302-

trigsby@penningtonlaw. com;

mbryant@penningtonlaw. com

kowens @p enningtonl aw. com

Attorneys for HEALTHSOUTH REHABILITATION HOSPITAL OF HILLSBOROUGH COUNTY, LLC

Electronic Mail)

Stephen K. Boone, Esquire

1001 Avenida Del Circo

Post Office Box 1596

Venice, Florida 34284- 1596

sboone@boone- law. com

P Williamson@boone- law. com

Attorney for UNIVERSITY COMMUNITY HOSPITAL, INC.,

d/ b/ a FLORIDA HOSPITAL TAMPA

Electronic Mail)

Jeffrey Frehn, Esquire

Rex D. Ware, Esquire

Radey Law Firm

Suite 200, 301 South Bronough Street

Tallahassee, Florida 32301

jfrehn@radeylaw. com

rware@radeylaw. com

dgueltzow@radeylaw. com

Imcelroy@radeylaw. com

Attorneys for FLORIDA HEALTH SCIENCES CENTER, INC.,

d/ b/ a TAMPA GENERAL HOSPITAL

Electronic Mail)

Richard Joseph Saliba, Assistant General Counsel

Lindsey L. Miller - Hailey, Assistant General Counsel

Office of the General Counsel

Agency for Health Care Administration

Electronic Mail)

Janice K. 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)

Jack Plagge, Unit Manager

Hospital and Outpatient Services Unit

Agency for Health Care Administration

Electronic Mail)