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Home » Cases Under Administrative Hearing » 19-000170CON

19-000170CON Adventist Health System/Sunbelt, Inc., D/B/A Florida Hospital Orlando, D/B/A Florida Hospital Altamonte, D/B/A Florida Hospital Apopka, D/B/A Florida Hospital Celebration Health, D/B/A Florida Hospital East Orlando, D/B/A Florida Hospital, Et Al. vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 19, 2019.

View Dockets  

11. The Agency published a notice of its decision granting the preliminarily approval

14of CON application No. 10547 in the Florida Administrative Register, Volume 44, Number 238,

28on December 10,2018.

322. On December 21, 2018, Osceola Regional Hospital, Inc. d/b/a Osceola Regional

44Medical Center and Central Florida Health Services, Inc. (collectively "Osceola Regional") filed

57a petition contesting the approval of CON No. 10547 for Orlando Health.

693. On December 28, 2018, Adventist Health System/Sunbelt, Inc. d/b/a Florida

80Hospital Orlando ("Florida Hospital") filed a petition contesting the approval of CON No. 10547

96for Orlando Health.

994. Both petitions were referred to the Division of Administrative Hearings for a de

113novo review of the decisions through formal administrative hearing and consolidated for hearing

126by Order of Consolidation dated January 28, 2019. On May 28, 2019, the Administrative Law

141Judge entered an Order for each party to file a response setting forth its position on the impact to

160the case ifCS/CS/HB 21 concerning "hospital licensure" was to become law by June 5, 2019. The

176parties sought and received an extension oftime to July 1, 2019.

1875. On July 1, 2019, the Agency filed a Motion to Dismiss and Memorandum of Law

203based on the lack of subject matter jurisdiction due to mootness as HB 21, now 2019-136, Laws

220ofFlorida, amended the Florida certificate of need law to remove general hospital projects such as

235those proposed in these matters from CON review.

2436. On July 1, 2019, Orlando Health, Osceola Regional and Florida Hospital each filed

257responses to the Order dated May 28, 2019 stating that the cases appeared to have been made moot

275by the passage and signature of CS/CS/HB 21, now 2019-136, Laws of Florida.

2887. On July 11,2019, Adventist Health filed a Notice ofVoluntary Dismissal.

3008. On July 19, 2019, the Administrative Law Judge entered an Order Closing Case

314File and Relinquishing Jurisdiction to the Agency.

321It is therefore, ORDERED

3251. The petitions for formal hearing are dismissed.

3332. The approval of CON application No. 10547 is now moot. As of July 1, 2019,

349general acute care hospital projects are not subject to CON review. See Chapter 2019-136, Laws

364of Florida § 13.

368ORDERED in Tallahassee, Florida, on this of

375Agency for Health Care Administration

380NOTICE OF RIGHT TO JUDICIAL REVIEW

386A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

404instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

421along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

439where the Agency maintains its headquarters or where a party resides. Review of proceedings

453shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

469filed within 30 days of the rendition of the order to be reviewed.

482CERTIFICATE OF SERVICE

485I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

501furnished by the method designated to the persons named below on this ;J of

,5154;;M 6,2019

519Richarci--f:-' oop, Ag cy Clerk

524Agency for Health Care Administration

5292727 Mahan Drive, Mail Stop #3

535Tallahassee, Florida 32308

538(850) 412-3630

540Robert S. Cohen

543Administrative Law Judge

546Division of Administrative Hearings

550(Electronic Filing)

552Mia L. McKown, Esquire

556315 South Calhoun Street, Suite 600

562Tallahassee, Florida 32301

565mia.mckown@hklaw.com

566jennifer.gillis@hklaw.com

567(Electronic Mail)

569Stephen Boone, Esquire

5721 001 A venida Del Circo

578Post Office Box 1596

582Venice, Florida 34284

585sboone@boone-law .com

587pwilliamson@boone-law .com

589(Electronic Mail)

591Karen Putnal, Esquire

594Ian Waldick, Esquire

597118 N Gadsden St

601Tallahassee FL, 32301

604kputnal@moylelaw .com

606iwaldick@moylelaw.com

607mqualls@moylelaw .com

609(Electronic Mail)

611Stephen A. Ecenia, Esquire

615Craig D. Miller, Esquire

619Jennifer Hinson, Esquire

622Gabriel Warren, Esquire

625Rutledge Ecenia, P .A.

629119 South Monroe Street, Suite 202

635Tallahassee, Florida 32301

638steve@reuphlaw .com

640cmiller@rutledge-ecenia.com

641j ennifer@rutledge-ecenia. com

644gwarren@rutledge-ecenia.com

645Lauren@rutledge-ecenia.com

646vicki@rutledge-ecenia.com

647(Electronic Mail)

649Julia E. Smith, Assistant General Counsel

655Office of the General Counsel

660Agency for Health Care Administration

665(Electronic Mail)

667JaniceK. Mills, Government Analyst II

672Facilities Intake Unit

675Agency for Health Care Administration

680(Electronic Mail)

682Marisol M. Fitch, Unit Manager

687Certificate of Need Unit

691Agency for Health Care Administration

696(Electronic Mail)

698Jack Plagge, Unit Manager

702Hospital and Outpatient Services Unit

707Agency for Health Care Administration

712(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/28/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 08/21/2019
Proceedings: Agency Final Order
PDF:
Date: 08/21/2019
Proceedings: Agency Final Order
PDF:
Date: 08/21/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 07/19/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/08/2019
Proceedings: Osceola Regional Hospital, Inc. and Central Florida Health Services, LLC's Response to AHCA's Motion to Dismiss filed.
PDF:
Date: 07/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc. Response to Order Dated May 28, 2019 filed.
PDF:
Date: 07/01/2019
Proceedings: Osceola Regional Hospital, Inc. and Central Florida Health Services, LLC's Response to Order Requesting Position on House Bill 21 filed.
PDF:
Date: 07/01/2019
Proceedings: Orlando Health, Inc.'s Response to Order Dated May 28, 2019 filed.
PDF:
Date: 07/01/2019
Proceedings: The Agency for Health Care Administration's Motion to Dismiss for Lack of Subject Matter Jurisdiction Due to Mootness and Memorandum of Law in Support Thereof filed.
PDF:
Date: 06/07/2019
Proceedings: Order Granting "Joint Motion for Extension of Time to Respond to the Order Dated May 28, 2019."
PDF:
Date: 06/03/2019
Proceedings: Joint Motion for Extension of Time to Respond to the Order Dated May 28, 2019 filed.
PDF:
Date: 05/28/2019
Proceedings: Order.
PDF:
Date: 04/04/2019
Proceedings: Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center's Response to Orlando Health, Inc.'s First Request for Production of Documents filed.
PDF:
Date: 04/04/2019
Proceedings: Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center's Notice of Serving Answers to Orlando Health, Inc.'s First Interrogatories filed.
PDF:
Date: 03/25/2019
Proceedings: Orlando Health, Inc.'s Responses and Objections to HCA's First Request for Production of Documents filed.
PDF:
Date: 03/25/2019
Proceedings: Orlando Health, Inc.'s Notice of Service of Response and Objections to HCA's First Set of Interrogatories and First Request to Produce Documents filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Notice of Service of Answers and Objections to Orlando Health, Inc.'s First Set of Interrogatories to Adventist Health filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Seventh Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Winter Park filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Sixth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Kissimmee filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Fifth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth East Orlando filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Fourth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Third Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a AdventHealth Apopka filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s Second Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Altamonte filed.
PDF:
Date: 03/01/2019
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando filed.
PDF:
Date: 02/08/2019
Proceedings: Amended Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL; amended as to Issue).
PDF:
Date: 02/06/2019
Proceedings: Amended Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL; amended as to Text and Issue).
PDF:
Date: 02/04/2019
Proceedings: Joint Supplemental Response to Initial Orders and Joint Motion to Schedule Hearing Dates filed.
PDF:
Date: 02/04/2019
Proceedings: Notice of Hearing (hearing set for December 9 through 13 and 16 through 20, 2019; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Seventh Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Winter Park Memorial Hospital filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Sixth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Kissimmee filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Fifth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital East Orlando filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Fourth Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Third Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Apopka filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Second Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Altamonte filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando filed.
PDF:
Date: 01/31/2019
Proceedings: Orlando Health, Inc.'s Notice of Service of First Interrogatories to Adventist Health System/Sunbelt, Inc. filed.
PDF:
Date: 01/29/2019
Proceedings: Notice of Telephonic Pre-hearing Conference (set for February 1, 2019; 9:00 a.m.).
PDF:
Date: 01/28/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-0170CON, 19-0171CON).
PDF:
Date: 01/23/2019
Proceedings: Joint Response to Initial Orders and Joint Motion to Consolidate filed.
PDF:
Date: 01/15/2019
Proceedings: Notice of Transfer.
PDF:
Date: 01/14/2019
Proceedings: Initial Order.
PDF:
Date: 01/11/2019
Proceedings: Notice of Appearance (Karen Putnal) filed.
PDF:
Date: 01/11/2019
Proceedings: Notice of Appearance (Ian Waldick) filed.
PDF:
Date: 01/10/2019
Proceedings: Amended Notice filed.
PDF:
Date: 01/09/2019
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 01/09/2019
Proceedings: Petition for Formal Administrative Proceeding filed.
PDF:
Date: 01/09/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
G. W. CHISENHALL
Date Filed:
01/09/2019
Date Assignment:
01/15/2019
Last Docket Entry:
08/28/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels