18-003387CON Naples Community Hospital, Inc. vs. Lee Memorial Health System And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, July 19, 2019.

FINAL ORDER

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

Agency") concerning the preliminary approvals of Medical Center of South West Florida's

("MCSWF") CON application No. 10523 to establish an 80-bed general acute care hospital and

Lee Health, Inc.'s ("Lee Health") CON application No. 10524 to establish an 82-bed general acute

care hospital both in District 8, Sub-district 5, Lee County, Florida.

1. The applications were filed in the Hospital Beds and Facilities February 2018

hatching cycle and AHCA issued its State Agency Action Report (the "SAAR") on June 1, 2018,

and published notice of its intent to approve MCSWF's and Lee Health's Applications in Volume

44, Number 108 of the Florida Administrative Register (June 4, 2018) providing affected persons

21 days from the publication date within which to file a petition for hearing.

2. MCSWF filed a Petition for Formal Administrative Proceeding challenging the

Agency' preliminary approval of Lee Health's CON Application. Lee Health filed a Petition for

Formal Administrative Proceeding to contest the Agency's preliminary approval of MCSWF's

CON Application. The Petitions were forwarded to the Davison of Administrative Hearings as

well as Petitions for Hearing that had been filed by existing facilities, including: Naples HMA,

LLC d/b/a Physicians Regional Medical Center- Collier Boulevard and d/b/a Physicians Regional

Medical Center- Pine Ridge; and Naples Community Hospital, Inc. On July 16, 2018, an Order

was entered consolidating the matters for hearing.

3. On May 22, 2019, the Administrative Law Judge entered an Order for each party

to file a response setting forth its position on the impact to the case if CS/CS/HB 21 concerning

"hospital licensure" was to become law by June 3, 2019. The parties sought and received an

extension oftime to July 1, 2019.

4. On July 1, 2019, the Agency filed a Motion to Dismiss and Memorandum of Law

based on the lack of subject matter jurisdiction due to mootness as CS/CS/HB 21, now Chapter

2019-136, Laws of Florida, amended the Florida certificate of need law to remove general hospital

projects such as those proposed in these matters from CON review.

5. On July 1, 2019, HMA LLC d/b/a Physician's Regional Medical Center-Collier,

Physicians' Regional Medical Center-Pine Ridge, Medical Center of Southwest Florida, LLC and

Lee Health each filed responses to the Order dated May 28, 2019, stating that the cases appeared

J to have been made moot by the passage and signature of CS/CS/HB 21, now Chapter 2019-136,

Laws of Florida. Also on July 1, 2019, the Agency filed a Motion to Dismiss and Memorandum

of Law in Support advocating that the petitions had been made moot by Chapter 2019-136, Laws

ofFlorida. Physician's Regional and MCSWF filed responses ultimately agreeing that the matter

is moot and should be dismissed.

6. On July 19, 2019, the Administrative Law Judge entered an order finding that the

case was moot as a result of the change in law, ordering the file be closed and that jurisdiction

relinquished to the Agency.

It is therefore, ORDERED

1. The petitions for formal hearing are

2. The approvals of CON applications Nos. 10523 and 10524 are now moot. As of

July 1, 2019, general acute care hospital projects are not subject to CON review. See Chapter

2019-136 Laws ofFlorida § 13.

ORDERED in Tallahassee, Florida, on this _3_ day of

Mary C. hew, 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

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

G. W. Chisenhall

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

Geoffrey D. Smith, Esquire

Susan C. Smith, Esquire

Smith & Associates

3301 Thomasville Road, Suite 201

Tallahassee, Florida 32308

[e-mail]

[e-mail]

(Electronic Mail)

Michael Glazer, Esquire

Ausley McMullen

Post Office Box 391

123 Calhoun Street

Tallahassee, Florida 32302

[e-mail]

[e-mail]

(Electronic Mail)

R. Terry Rigsby, Esquire

750 Middlewood Drive

Tallahassee, Florida 32312

[e-mail]

(Electronic Mail)

0. Ty 1 ackson, Esquire

Allison G. Mawhinney, Esquire

Gray Robinson, P .A.

301 S. Brounough Street, Suite 600

Tallahassee, Florida 32301

ty.j ackson@gra y- robinson. com

[e-mail]

(Electronic Mail)

Stephen A. Ecenia, Esquire

Craig D. Miller, Esquire

Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301

steve@reuphlaw .com

[e-mail]

[e-mail]

vicki @rutl edge-ecenia. com

(Electronic Mail)

Julia E. Smith, Assistant 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)

Jack Plagge, Unit Manager

Hospital and Outpatient Services Unit

Agency for Health Care Administration

(Electronic Mail)