17-005301CON University Of Miami, D/B/A University Of Miami Hospital And Clinics vs. Baptist Hospital Of Miami, Inc., And Agency For Health Care Administration
 Status: Closed
Recommended Order on Wednesday, August 15, 2018.


View Dockets  
Summary: Respondents demonstrated that not normal circumstances justified granting the application for a bone marrow transplant program.

1s` J

3STATE OF FLORIDA

6AGENCY FOR HEALTH CARE ADMINISTRATION

112010CcT-

12UNIVERSITY OF MIAMI d/ b/ a 3 P 1: 5:

22UNIVERSITY OF MIAMI HOSPITAL

26AND CLINICS,

28Petitioner, CASE NO. 17- 5301 CON

34AHCA NO. 2017010473

37IVA RENDITION NO.: ARCA- ib - p( o( p' - FOF- CON

49STATE OF FLORIDA, AGENCY FOR

54HEALTH CARE ADMINISTRATION and

58BAPTIST HOSPITAL OF MIAMI, INC.,

63Respondents.

64FINAL ORDER

66This case was referred to the Division of Administrative Hearings ( DOAH) where the

80assigned Administrative Law Judge ( ALJ), Garnett W. Chisenhall, conducted a formal

92administrative hearing. At issue in this proceeding is whether the Agency for Health Care

106Administration (" AHCA" or " Agency") should approve the Certificate of Need (" CON")

121application filed by Baptist Hospital of Miami, Inc. (" Baptist") to establish a new adult

137autologous and allogenic bone marrow transplant (" BMT") program in AHCA Transplant

150Service Area (" TSA") 4. The Recommended Order entered on August 15, 2018 is attached to

167this final order and incorporated herein by reference.

175RULINGS ON EXCEPTIONS

178University of Miami d/ b/ a University of Miami Hospital and Clinics (" UM") filed

194exceptions to the Recommended Order, but then withdrew its exceptions and voluntarily

206dismissed its Petition.

209FINDINGS OF FACT

212The Agency hereby adopts the findings of fact set forth in the Recommended Order.

226CONCLUSIONS OF LAW

229The Agency hereby adopts the conclusions oflaw set forth in the Recommended Order.

242ORDER

243Based upon the foregoing, Baptist's CON application no. 10490 is hereby granted. The

256parties shall govern themselves accordingly.

261DONE and ORDERED this ..)-1-d day of Ocfctbllr , 2018, in Tallahassee, Florida.

273R, SECRETARY

275EALTH CARE ADMINISTRATION

278NOTICE OF RIGHT TO JUDICIAL REVIEW

284A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

297A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A

310NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY

323ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT

335COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY

345MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW

354PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA

363APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF

376RENDITION OF THE ORDER TO BE REVIEWED.

383CERTIFICATE OF SERVICE

386I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

401been furnished by the method indicated to the persons named below on this J day of

,4172018.

418HOOP, cy Clerk

421Agency for Health Care Administration

4262727 Mahan Drive, MS #3

431Tallahassee, Florida 32308-5403

434(850) 412-3630

436COPIES FURNISHED TO:

439Honorable Garnett W. Chisenhall

443Administrative Law Judge

446Division of Administrative Hearings

450(via electronic filing)

453M. Stephen Turner, Esquire

457Frank P. Rainer, Esquire

461Leonard M. Collins, Esquire

465Broad and Cassel

468215 South Monroe Street, Suite 400

474Post Office Box 11900

478Tallahassee, Florida 32302

481(via electronic mail to sturner@broadandcassel.com,

486frainer@broadandcassel.com and lcollins@broadandcassel.com)

489Seann M. Frazier, Esquire

493Marc Ito, Esquire

496Parker, Hudson, Rainer & Dobbs, LLP

502215 South Monroe Street, Suite 750

508Tallahassee, Florida 32301

511(via electronic mail to sfrazier@phrd.com and

517mito@phrd.com)

518Jonathan L. Rue, Esquire

522Parker, Hudson, Rainer & Dobbs, LLP

528303 Peachtree Street Northeast, Suite 3600

534Atlanta, Georgia 30308

537(via electronic mail to jrue@phrd.com)

542Richard J. Saliba, Esquire

546Lindsey L. Miller-Hailey, Esquire

550Kevin M. Marker, Esquire

554Assistant General Counsels

557(via electronic mail to Richard.Saliba@ahca.myflorida.com,

562Lindsey .Miller- Hailey@ahca.m yflorida.com, and

567Kevin.Marker@ahca.myflorida.com)

568Marisol Fitch

570Certificate ofNeed Unit

573(via electronic mail to Marisol.Fitch@ahca.myflorida.com)

578Jan Mills

580Facilities Intake Unit

583(via electronic mail to Janice.Mills@ahca.myflorida.com)

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/16/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 10/03/2018
Proceedings: Agency Final Order
PDF:
Date: 08/15/2018
Proceedings: Recommended Order
PDF:
Date: 08/15/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/15/2018
Proceedings: Recommended Order (hearing held December 15, 18, and 20-22, 2017; and January 22, 26, 29 and February 1 and 2, 2018). CASE CLOSED.
PDF:
Date: 05/01/2018
Proceedings: Notice of Agency Adoption of the Proposed Recommended Order Filed by Baptist Hospital of Miami, Inc., filed.
PDF:
Date: 04/30/2018
Proceedings: Baptist Hospital of Miami, Inc.'s and Agency for Health Care Administration's Joint Proposed Recommended Order filed.
PDF:
Date: 04/30/2018
Proceedings: Petitioner's Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 04/30/2018
Proceedings: UM's Supplemental Memorandum for Denial of Baptist's Application as Barred by Res Judicata and by Collateral Estoppel Preclusion filed.
PDF:
Date: 04/20/2018
Proceedings: Order Granting Second "Motion for Extension of Time to File the Proposed Recommended Order."
PDF:
Date: 04/19/2018
Proceedings: Motion for Extension of Time to File the Proposed Recommended Order filed.
PDF:
Date: 04/17/2018
Proceedings: Order Regarding Memorandum of Law in Support of the Admission of Documentary Evidence Profferred During the Final Hearing.
PDF:
Date: 04/17/2018
Proceedings: Order Regarding Petitioner's Motion to Accept Proffered Testimony of Hugo Fernandez, M.D.
PDF:
Date: 04/02/2018
Proceedings: Order Granting Motion for Extension of Time to File the Proposed Recommended Order.
PDF:
Date: 03/29/2018
Proceedings: Motion for Extension of Time to File the Proposed Recommended Order filed.
PDF:
Date: 03/16/2018
Proceedings: Baptist Hospital of Miami, Inc.'s Response Opposing Admission of Excluded Testimony of Hugo Fernandez, M.D., and Excluded Exhibits filed.
PDF:
Date: 03/09/2018
Proceedings: University of Miami's Notice of Filing Deposition Transcript of Hugo Fernandez M.D. (Expert Witness) filed.
PDF:
Date: 03/09/2018
Proceedings: Memorandum of Law in Support of the Admission of Documentary Evidence Proffered during the Final Hearing filed.
PDF:
Date: 03/09/2018
Proceedings: University of Miami's Motion to Accept Proffered Testimony of Hugo Fernandez, M.D. filed.
PDF:
Date: 03/09/2018
Proceedings: Baptist's Notice regarding Evidentiary Rulings Made During the Final Hearing filed.
Date: 02/27/2018
Proceedings: Transcript of Proceedings Volumes 1-18 (not available for viewing) filed.
Date: 02/02/2018
Proceedings: CASE STATUS: Hearing Held.
Date: 02/01/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to February 2, 2018; 9:00 a.m.; Tallahassee, FL.
Date: 01/29/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to February 1, 2018; 9:00 a.m.; Tallahassee, FL.
Date: 01/26/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to January 29, 2018; 9:00 a.m.; Tallahassee, FL.
PDF:
Date: 01/25/2018
Proceedings: Memorandum of Law regarding Inadmissibility of Prior Testimony of Witnesses that Were Not Produced for Deposition filed.
PDF:
Date: 01/23/2018
Proceedings: Letter to Judge Chisenhall from Seann Frazier Regarding Deposition filed.
PDF:
Date: 01/23/2018
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Filing Deposition Transcript of Dr. Nimer filed.
Date: 01/22/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to January 26, 2018; 9:00 a.m.; Tallahassee, FL.
Date: 12/22/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to January 22, 2018; 9:00 a.m.; Tallahassee, FL.
Date: 12/21/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to December 22, 2017; 9:00 a.m.; Tallahassee, FL.
Date: 12/20/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to December 21, 2017; 9:00 a.m.; Tallahassee, FL.
PDF:
Date: 12/19/2017
Proceedings: University of Miami d/b/a University of Miami Hospital and Clinic's Response in Opposition to Baptist Hospital of Miami's Renewed Motion in Limine regarding Non-party Witnesses filed.
Date: 12/18/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to December 20, 2017; 9:00 a.m.; Tallevast, FL.
Date: 12/15/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to December 18, 2017; 9:00 a.m.; Tallahassee, FL.
PDF:
Date: 12/14/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Response in Opposition to University of Miami's Motions regarding Decisional Finality (Administrative Res Judicata) Collateral Estoppel filed.
PDF:
Date: 12/14/2017
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 12/13/2017
Proceedings: Renewed Motion in Limine Regarding Non-Party Witnesses filed.
PDF:
Date: 12/13/2017
Proceedings: University of Miami's Motion in Limine to Exclude Evidence Going to Issues Barred by Collateral Damage filed.
PDF:
Date: 12/13/2017
Proceedings: Motion to Determine that Baptist's Application Should be Denied Under the Doctrine of Decisional Finality (Administrative Res Judicata) filed.
PDF:
Date: 12/12/2017
Proceedings: Order Adopting Confidentiality Agreements.
PDF:
Date: 12/11/2017
Proceedings: Notice of Withdrawal of Baptists Motion for Entry of an Order Approving and Adopting Confidentiality Agreement filed.
PDF:
Date: 12/11/2017
Proceedings: Agreed Motion for Entry of an Order Adopting Confidentiality Agreements filed.
PDF:
Date: 12/11/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Amended Notice of Taking Telephonic Deposition of Dr. Koehne filed.
PDF:
Date: 12/11/2017
Proceedings: Notice of Withdrawal of Baptist's Motion for Entry of an Order Approving and Adopting Confidentiality Agreement Concerning Adverse Impact Estimates filed.
PDF:
Date: 12/08/2017
Proceedings: Motion for Entry of an Order Approving and Adopting Confidentiality Agreement Concerning Adverse Impact Estimates filed.
PDF:
Date: 12/08/2017
Proceedings: Motion for Entry of an Order Approving and Adopting Confidentiality Agreement filed.
PDF:
Date: 12/08/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Cancellation of Telephonic Deposition of Dr. Minesh Mehta filed.
PDF:
Date: 12/07/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Telephonic Depositions (Richardson, Dr. Koehne) filed.
PDF:
Date: 12/06/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Telephonic Deposition Duces Tecum filed.
PDF:
Date: 12/05/2017
Proceedings: Amended* Notice of Retaining Court Reporter filed.
PDF:
Date: 12/05/2017
Proceedings: Notice of Retaining Court Reporter filed.
PDF:
Date: 12/05/2017
Proceedings: Order Rescheduling Hearing (hearing set for December 15, 18, 20 through 22, 2017, January 22, 26, 29 and February 1, and 2, 2018; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 12/04/2017
Proceedings: Order Granting Baptist Hospital of Miami, Inc.'s Motion for Continuance (joint pre-hearing stipulation due by December 13, 2017).
PDF:
Date: 12/04/2017
Proceedings: Order Regarding Baptist Hospital of Miami's Motion to Compel University of Miami to Produce Documents and to Compel Answers to Interrogatories.
PDF:
Date: 12/04/2017
Proceedings: Order Pertaining to Petitioner's Motion to Compel Production of Documents.
PDF:
Date: 12/04/2017
Proceedings: Order on Baptist Hospital's Motion in Limine Regarding Non-Party Witnesses.
PDF:
Date: 12/01/2017
Proceedings: Petitioner's Objection to Baptist's Updated Notice of Availability or, in the alternative Request for Scheduling Conference filed.
PDF:
Date: 11/30/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Updated Notice of Availability filed.
PDF:
Date: 11/29/2017
Proceedings: Baptist Hospital of Miami's Supplement to It's Motion in Limine regarding Non-Party Witnesses filed.
PDF:
Date: 11/28/2017
Proceedings: Petitioner's Updated Notice of Availability filed.
PDF:
Date: 11/28/2017
Proceedings: Petitioner's Objection to Respondent's Late Filed Response to Petitioner's Motion to Compel filed.
PDF:
Date: 11/27/2017
Proceedings: Baptist Hospital of Miami's Response to University of Miami's Motion to Compel Production of Documents filed.
PDF:
Date: 11/22/2017
Proceedings: Agency for Health Care Administration's Notice of Availability filed.
PDF:
Date: 11/22/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Availability filed.
PDF:
Date: 11/22/2017
Proceedings: Notice of Appearance (Marc Ito) filed.
PDF:
Date: 11/22/2017
Proceedings: Petitioner's Response to Baptist's Motion for Continuance and Dates of Availability filed.
PDF:
Date: 11/21/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Motion for Continuance filed.
PDF:
Date: 11/15/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Telephonic Deposition Duces Tecum filed.
PDF:
Date: 11/14/2017
Proceedings: Response to Motion to Compel Production of Documents and Answers to Interrogatories filed.
PDF:
Date: 11/14/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 11/13/2017
Proceedings: Baptist's Notice of Cancellation of Telephonic Deposition of Dr. Minesh Mehta filed.
PDF:
Date: 11/13/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Telephonic Deposition Duces Tecum (Dr. Mehta) filed.
PDF:
Date: 11/08/2017
Proceedings: University of Miami d/b/a University of Miami Hospital and Clinic's Response in Opposition to Baptist Hospital of Miami's Motion in Limine regarding Non-party Witnesses filed.
PDF:
Date: 11/08/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Telephonic Deposition Duces Tecum filed.
PDF:
Date: 11/07/2017
Proceedings: Motion to Compel Production of Documents filed.
PDF:
Date: 11/07/2017
Proceedings: Baptist Hospital of Miami's Motion to Compel University of Miami to Produce Documents and to Compel Answers to Interrogatories filed.
PDF:
Date: 11/07/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 11/02/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 11/02/2017
Proceedings: Baptist Hospital of Miami's Amended Final Witness List filed.
PDF:
Date: 11/02/2017
Proceedings: Order Granting Motion to Strike Notice of Appearance by Non-party.
PDF:
Date: 11/01/2017
Proceedings: Baptist Hospital's Motion in Limine Regarding Non-party Witnesses filed.
PDF:
Date: 11/01/2017
Proceedings: Petitioner's Master Notice of Taking Depositions of Representatives of the Agency for Health Care Administration and Request to Produce filed.
PDF:
Date: 10/31/2017
Proceedings: Order Denying Petitioner's Motion to Dismiss Baptist's CON Application # 10490.
PDF:
Date: 10/30/2017
Proceedings: Notice of Appearance (Lindsey Miller-Hailey) filed.
PDF:
Date: 10/27/2017
Proceedings: Baptist Hospital of Miami's Final Witness List filed.
PDF:
Date: 10/27/2017
Proceedings: (University of Miami) Final Witness List filed.
PDF:
Date: 10/26/2017
Proceedings: Petitioner's Master Notice of Taking Deposition of Baptist Hospital of Miami Inc.'s Witnesses and Notice of Corporate Representative's Deposition, and Request to Produce filed.
PDF:
Date: 10/25/2017
Proceedings: Notice of Appearance as Additional Counsel of Record filed.
PDF:
Date: 10/25/2017
Proceedings: The Agency for Health Care Administration's Notice of Support of Baptist Hospital of Miami Inc.'s Response in Opposition to University of Miami's Motion to Dismiss filed.
PDF:
Date: 10/24/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Response in Opposition to University of Miami's Motion to Dismiss filed.
PDF:
Date: 10/24/2017
Proceedings: Baptist Health's Motion to Strike Notice of Appearance by Non-Party filed.
PDF:
Date: 10/24/2017
Proceedings: Baptist Hospital of Miami, Inc.'s Responses and Objections to University of Miami, d/b/a University of Miami Hospital and Clinic's First Request for Production of Documents filed.
PDF:
Date: 10/23/2017
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 10/20/2017
Proceedings: (University of Miami's) Preliminary Witness List filed.
PDF:
Date: 10/20/2017
Proceedings: Baptist Hospital of Miami's Preliminary Witness List filed.
PDF:
Date: 10/19/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/19/2017
Proceedings: Notice of Hearing (hearing set for November 27 through 29, December 13 through 15, 18, and 20 through 22, 2017; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 10/19/2017
Proceedings: University of Miami's Privilege Log in Response to Baptist's First Requests for Production filed.
PDF:
Date: 10/18/2017
Proceedings: Notice of Service of University of Miami's Responses to Baptist Hospital of Miami's First Set of Interrogatories filed.
PDF:
Date: 10/18/2017
Proceedings: University of Miami's Responses to Baptist Hospital of Miami's First Request for Production filed.
PDF:
Date: 10/18/2017
Proceedings: University of Miami's Responses to Baptist Hospital of Miami's First Requests for Admissions filed.
Date: 10/18/2017
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 10/17/2017
Proceedings: University of Miami's Motion to Dismiss Baptist's CON Application #10490 filed.
PDF:
Date: 10/17/2017
Proceedings: Motion to Adopt Proposed Pre-hearing Order filed.
PDF:
Date: 10/16/2017
Proceedings: Notice of Telephonic Status Conference (status conference set for October 18, 2017; 8:30 a.m.).
PDF:
Date: 10/11/2017
Proceedings: The Agency for Health Care Administration's Responses to University of Miami's First Request to Produce to the Agency for Health Care Administration filed.
PDF:
Date: 10/11/2017
Proceedings: Agency Response to University of Miami's Requests for Admissions to the Agency for Health Care Administration filed.
PDF:
Date: 10/10/2017
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 10/09/2017
Proceedings: Notice of Appearance (Kevin Marker) filed.
PDF:
Date: 10/03/2017
Proceedings: Notice of Appearance (Sarah Glaser) filed.
PDF:
Date: 09/29/2017
Proceedings: Initial Order.
PDF:
Date: 09/25/2017
Proceedings: University of Miami's Requests for Admissions to the Agency for Health Care Administration filed.
PDF:
Date: 09/25/2017
Proceedings: University of Miami's First Request to Produce to the Agency for Health Care Administration filed.
PDF:
Date: 09/22/2017
Proceedings: University of Miami's First Request to Produce to Baptist Hospital of Miami filed.
PDF:
Date: 09/22/2017
Proceedings: Baptist Hospital of Miami, Inc.'s First Request for Admissions to University of Miami Hospital and Clinics filed.
PDF:
Date: 09/22/2017
Proceedings: Notice of Serving Baptist Hospital of Miami, Inc.'s First Set of Interrogatories to University of Miami Hospital and Clinics filed.
PDF:
Date: 09/22/2017
Proceedings: Baptist Hospital of Miami, Inc.'s First Request for Production of Documents to University of Miami Hospital and Clinics filed.
PDF:
Date: 09/22/2017
Proceedings: Notice of Appearance and Preservation of Right to Hearing within Sixty Days (Sean Frazier).
PDF:
Date: 09/22/2017
Proceedings: Petition to Initiate Formal Administrative Hearing filed.
PDF:
Date: 09/22/2017
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 09/22/2017
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
G. W. CHISENHALL
Date Filed:
09/22/2017
Date Assignment:
09/29/2017
Last Docket Entry:
10/16/2018
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
CON
 

Counsels

Related Florida Statute(s) (6):