17-003905CON Hialeah Hospital, Inc., D/B/A Hialeah Hospital, Lifemark Hospitals Of Florida, Inc., D/B/A Palmetto General Hosital And North Shore Medical Center, Inc., D/B/A North Shore Medical Center vs. Next Generation Behavioral Health, Llc And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 5, 2017.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2818 JAN I I P 3: 31

HIALEAH HOSPITAL, INC., d/ b/ a

HIALEAH HOSPITAL; LIFEMARK

HOSPITALS OF FLORIDA, INC.,

d/ b/ a PALMETTO GENERAL HOSPITAL;

and NORTH SHORE MEDICAL CENTER,

INC., d/ b/ a NORTH SHORE MEDICAL

CENTER,

Petitioners, DOAH CASE NO.: 2017006884 17- 3905CON

AHCA CASE NO.:

vs. CON NO.: 10483

NEXT GENERATION BEHAVIORAL

HEALTH, LLC, AND AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

FINAL ORDER

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

Agency") concerning the approval of Certificate of Need (" CON") 10483 filed by Next Generation

Behavioral Health, LLC (" Next Generation") to establish a new 104 - bed adult psychiatric hospital.

The Agency comparatively reviewed CON applications for other beds and programs

batching cycle with an application due date of March 8, 2017: For the case at hand, the reviews

included in relevant part:

10483 Next Generation Behavioral Health, LLC 103 - Beds Denied Approved

10484 Southeast Florida Behavioral Health LLC 80 - Beds

1. On June 6, 2017, the Agency published notice of its intent to preliminarily approve

Next Generation' s CON 10483 in the Florida Administrative Register.

2. On June 27, 2017, Hialeah Hospital, Inc. d/b/a Hialeah Hospital, Life Mark

Hospitals of Florida, Inc. d/b/a Palmetto General Hospital and North Shore Medical Center, Inc.

d/b/a North Shore Medical Center filed a Petition for Formal Administrative Hearing challenging

the approval of CON 10483 filed by Next Generation.

3. The Agency referred the Petition to the Division of Administrative Hearings

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

4. On July 31,2017, the AJL consolidated DOAH Case Nos. 17-3905CON and 17-

3906CON.

5. On November 29, 2017, Hialeah Hospital, Inc. d/b/a Hialeah Hospital, Life Mark

Hospitals of Florida, Inc. d/b/a Palmetto General Hospital and North Shore Medical Center, Inc.

d/b/a North Shore Medical Center filed a Notice of Voluntary Dismissal with Prejudice dismissing

its challenge in DOAH Case No. 17-3905CON.

It is therefore ORDERED:

1. The Petition filed by Hialeah Hospital, Inc. d/b/a Hialeah Hospital, Life Mark

Hospitals of Florida, Inc. d/b/a Palmetto General Hospital and North Shore Medical Center, Inc.

d/b/a North Shore Medical Center challenge to CON 10483 is dismissed.

ORDERED in Tallahassee, Florida, on this fl 1 h day ____ ,,

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 ofthe 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

Richar . Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

Copy Furnished To:

John D. C. Newton, II

Administrative Law Judge

Division of Administrative Hearings

(E-Filing)

Stephen C. Emmanuel, Esquire

Ausley & McMullen

Post Office Box 391

Tallahassee, Florida 32302-0391

[e-mail]

[e-mail]

Attorney for SOUTHERN WINDS HEALTH LLC DBA SOUTHERN WINDS HOSPITAL

(Electronic Mail)

Michael Joseph Glazer

Ausley & McMullen

Post Office Box 391

Tallahassee, Florida 32302-0391

[e-mail]

[e-mail]

Attorney FOR HIALEAH HOSPITAL, INC., D/B/A HIALEAH HOSPITAL; LIFEMARK

HOSPITALS OF FLORIDA, INC., D/B/A PALMETTO GENERAL HOSPITAL; AND

NORTH SHORE MEDICAL CENTER, INC., D/B/A NORTH SHORE MEDICAL CENTER

(Electronic Mail

Geoffrey D. Smith, Esquire

Susan C. Smith, Esquire

Sabrina B. Dieguez, Esquire

Smith & Associates

3301 Thomasville Road, Suite 201

Tallahassee, Florida 32308

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

Attorneys for SOUTHEAST FLORIDA BEHAVIORAL HEALTH LLC

(Electronic Mail)

Stephen A. Ecenia, Esquire

Craig Miller, Esquire

Jennifer F. Hinson, Esquire

J. Stephen Menton, Esquire

Tana Storey, Esquire

Rutledge Ecenia

119 South Monroe Street, S202

Tallahassee, Florida 32302-0551

[e-mail]

[e-mail]

[e-mail];

[e-mail]

[e-mail]

[e-mail]

[e-mail]

Attorneys for KENDALL REGIONAL A VENTURA HOSPITAL

(Electronic Mail)

Terry Rigsby, Esquire.

Brian Newman, Esquire

Matthew Bryant, Esquire

Post Office Drawer 1 009

5215 South Monroe Street, 2nd FL

Tallahassee, Florida 32302-2095

trigsby@penningtonlaw. com

brian@penningtonlaw .com

mbryant@penningtonlaw .com

kowens@penningtonlaw .com

Attorneys for NEXT GENERATION BEHAVIORAL HEALTH, LLC

(Electronic Mail)

Steven Davidson

Suite 1000, 6100 Tower Circle Drive

Franklin, Tennessee 37067

(U.S. Mail)

Richard Joseph Saliba, Esquire

Kevin M. Marker, Esquire

Lindsey L. Miller-Hailey

Assistants 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 ofNeed Unit

Agency for Health Care Administration

(Electronic Mail)

Jack Plagge, Unit Manager

Hospital and Outpatient Services Unit

Agency for Health Care Administration

(Electronic Mail)