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17-005531 Five Points Healthcare, Ltd. vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 1, 2017.

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1ILL

2STATE OF FLORIDA AHCA

6AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

132011 DEC - 1 P 12-- 32

20FIVE POINTS HEALTHCARE, LTD.,

24Petitioner, DOAH CASE NO.: 17- 5531

30AHCA CASE NO.: 2017007412

34vs. CON NO.: 10230

38STATE OF FLORIDA, AGENCY FOR

43HEALTH CARE ADMINISTRATION,

46Respondent.

47FINAL ORDER

49THIS CAUSE is before the State of Florida, Agency for Health Care Administration (" the

64Agency") concerning the Agency' s Final Order Denying Petition for Variance from Rule 59c-

791. 018, F. A. C. dated August 28, 2017

881. On July 10, 2017, five Points Healthcare, LTD. (" Five Points") filed for an

104Emergency Petition for Variance of Rule 59C - 1. 018( 3)( a), F. A. C. as the CON was scheduled to

125terminate on July 17, 2017.

1302. The Agency published notice of its receipt which appeared in the Florida

143Administrative Register on July 12, 2017. The Agency also gave notice of this receipt of the

159Petition on its website.

1633. Pursuant to Rule 28- 104. 005, any interested person or other agency may submit

178written comments on a petition. The Agency received no comments in support of or in opposition

194to the Petition.

1974. On August 8, 2017, the Agency entered a Final Order Denying the Petition for

212Variance from Rule 59C- 1. 018, F. A. C.,

2215. Subsequently, Five Points filed a Petition for Formal Hearing requesting a hearing

234at the Division of Administrative Hearings. The Agency forwarded that request to the Division

248and a Hearing was scheduled for dates of December 6, 2017 and December 7, 2017.

2636. On December 1, 2017, Five Points filed a Notice of Dismissal with prejudice of its

279petition.

280It is therefore ORDERED:

284The Agency' s denial of Five Points Emergency Petition for Variance of Rule 59C -

2991. 018( 3)( a), F. A. C. is UPHELD

308ORDERED in Tallahassee, Florida, on this — 7 day of Dft , 2017.

3204J stin Seni , ecretary

324A cy fo alth Care Administration

330NOTICE OF RIGHT TO JUDICIAL REVIEW

336A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

354instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

371along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

389where the Agency maintains its headquarters or where a party resides. Review of proceedings

403shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

419filed within 30 days of the rendition of the order to be reviewed.

432CERTIFICATE OF SERVICE

435I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

451furnished by the method designated to the persons named below on this ; y of

465Z) ! r-- ' 2017.

470Richard J. Shoop, Age y Clerk

476Agency for Health Care Administration

4812727 Mahan Drive, Mail Stop # 3

488Tallahassee, Florida 32308

491850) 412- 3630

4940)

495Copies Furnished To:

498R. Bruce McKibben

501Administrative Law Judge

504Division of Administrative Hearings

508The DeSoto Building

5111230 Apalachee Parkway

514Tallahassee, Florida 32399- 3060

518Karl Acuff, Esquire

521Suite 2, 1615 Village Square Boulevard

527Tallahassee, FL 32309- 2770

531Richard Joseph Saliba, Assistant General Counsel

537Kevin Michael Marker, Assistant General Counsel

543Office of the General Counsel

548Agency for Health Care Administration

553Electronic Mail)

555Janice K. Mills, Government Analyst II

561Facilities Intake Unit

564Agency for Health Care Administration

569Electronic Mail)

571Marisol M. Fitch, Unit Manager

576Certificate of Need Unit

580Agency for Health Care Administration

585Electronic Mail)

587Bernard Hudson, Unit Manager

591Long Term Care Unit

595Agency for Health Care Administration

600Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/07/2017
Proceedings: Agency Final Order
PDF:
Date: 12/07/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 12/01/2017
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/01/2017
Proceedings: Notice of Dismissal filed.
PDF:
Date: 11/30/2017
Proceedings: Five Points' Notice of Service of Discovery Responses: Answers to Interrogatories; Response and Objections to Request for Production filed.
PDF:
Date: 11/30/2017
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 11/28/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 11/27/2017
Proceedings: BY ORDER OF THE COURT: The Petition for Writ of Probation, filed November 20, 2017, is DENIED.
PDF:
Date: 11/27/2017
Proceedings: Agreed Motion for Extension of Time for Filing the Joint Pre-Hearing Stipulation filed.
PDF:
Date: 11/21/2017
Proceedings: Acknowledgment of New Case, First DCA Case No. filed.
PDF:
Date: 11/20/2017
Proceedings: Appendix To Agency for Health Care Administration's Petition for Writ of Prohibition filed.
PDF:
Date: 11/20/2017
Proceedings: Petition of Writ of Prohibition filed.
PDF:
Date: 11/20/2017
Proceedings: Appendix to AHCA's Petition for Writ of Prohibition filed.
PDF:
Date: 11/20/2017
Proceedings: Petition for Writ of Prohibition filed.
PDF:
Date: 11/15/2017
Proceedings: The Agency for Health Care Administration's Responses to Petitioner's First Request for Production filed.
PDF:
Date: 11/02/2017
Proceedings: Order Denying Motion to Dismiss.
PDF:
Date: 10/26/2017
Proceedings: Five Points' Response in Opposition to AHCA's Motion to Dismiss filed.
PDF:
Date: 10/24/2017
Proceedings: Notice of Service of the Agency for Healthcare Administration's First Set of Interrogatories to Five Points Healthcare, Ltd. filed.
PDF:
Date: 10/24/2017
Proceedings: Agency's First Request for Production to Five Points Healthcare, Ltd. filed.
PDF:
Date: 10/19/2017
Proceedings: Agency's Motion to Dismiss Five Points Healthcare LTD.'s Petition for 120.57(1) Hearing filed.
PDF:
Date: 10/16/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/16/2017
Proceedings: Notice of Hearing (hearing set for December 6 through 8, 2017; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 10/16/2017
Proceedings: Five Points' First Request for Production to AHCA filed.
PDF:
Date: 10/16/2017
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 10/09/2017
Proceedings: Initial Order.
PDF:
Date: 10/06/2017
Proceedings: Emergency Petition for Variance from or Waiver of Rule 59C-1.018(3)(b), Florida Administrative Code filed.
PDF:
Date: 10/06/2017
Proceedings: Section 120.57(1), F.S. Petition on behalf of Five Points Healthcare, Ltd. Challenging AHCA's Denial of its Emergency Petition for Variance from Rule 59c-1.018(3)(a), F.A.C. filed.
PDF:
Date: 10/06/2017
Proceedings: Final Order Denying Petition for Variance from Rule 59C-1.018, F.A.C. filed.
PDF:
Date: 10/06/2017
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
10/06/2017
Date Assignment:
10/09/2017
Last Docket Entry:
12/07/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

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