19-000223CON East Florida - Dmc, Inc. vs. The Public Health Trust Of Miami-Dade County, Florida And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 13, 2019.

THE PUBLIC HEALTH TRUST OF

MIAMI-DADE COUNTY, FLORIDA,

d/b/a JACKSON HOSPITAL WEST, DOAH No. 19-0221CON

AHCA No. 2019000387

Petitioner, CON Nos. 10550, 10551

vs.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

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CGH HOSPITAL, LTD. d/b/a CORAL

GABLES HOSPITAL; TENET HIALEAH

HEALTHSYSTEM, INC., d/b/a HIALEAH

HOSPITAL; AND LIFEMARK HOSPITALS

OF FLORIDA, INC. d/b/a PALMETTO

GENERAL HOSPITAL, DOAH No. 19-0222CON

AHCA No. 2019000341

Petitioners, CON No. 10551

vs.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION, and

THE PUBLIC HEALTH TRUST OF

MIAMI-DADE COUNTY, FLORIDA, d/b/a

JACKSON HOSPITAL WEST,

Respondent.

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EAST FLORIDA- DMC, INC.,

Petitioner, DOAH No. 19-0223CON

AHCA No. 2019000365

vs. CON No. 10551

THE PUBLIC HEALTH TRUST OF

MIAMI-DADE COUNTY, FLORIDA and

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

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KENDALL HEALTHCARE GROUP,

LTD d/b/a KENDALL REGIONAL

MEDICAL CENTER, DOAH No. 19-0224CON

AHCA No. 2018018741

Petitioner, CON No. 10551

vs.

THE PUBLIC HEALTH TRUST OF

MIAMI-DADE COUNTY, FLORIDA, and

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

VARIETY CHILDREN'S HOSPITAL,

d/b/a THE MIAMI MEDICAL CENTER, DOAH No. 19-0225CON

AHCA No. 2019000342

Petitioner, CON No. 10551

vs.

THE PUBLIC HEALTH TRUST OF

MIAMI-DADE COUNTY, FLORIDA,

d/b/a JACKSON HOSPITAL WEST, and

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondents.

I

FINAL ORDER

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

Agency") concerning the preliminary approvals of the Certificate of Need ("CON") applications

ofThe Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West ("Jackson

Hospital West"), CON Application No. 10551, for a 1 00-bed general acute care hospital for health

planning District 11, Subdistrict 1, Miami-Dade County, Florida and East Florida- DMC, LLC's

CON application No. 10550 for an 80-bed general acute care hospital also in health planning

District 11, Subdistrict 1, Miami-Dade County, Florida. Notice of the Decisions was published

in the Florida Administrative Register in Volume 44, Number 238 on December 10, 2018.

1. The Public Health Trust of Miami-Dade County and East Florida- DMC each

timely filed petitions in support of their own application and against the approval of the other

application. CGH Hospital, Ltd. d/b/a Coral Gables Hospital ("Coral Gables"), Tenet Hialeah

HealthSystem, Inc. d/b/a Hialeah Hospital ("Hialeah Hospital"), Lifemark Hospitals of Florida,

Inc. d/b/a Palmetto General Hospital ("Palmetto General") and Variety Children's Hospital d/b/a

Nicklaus Children's Hospital ("NCH") and d/b/a The Miami Medical Center ("MMC") timely

filed petitions contesting both approvals.

2. On February 27, 2019, Coral Gables, Hialeah, and Palmetto General filed a motion

to abate the proceedings or continue the hearing to preserve hatching cycles because a later filed

set of applications was being pursued by these applicants and had been set for hearing following

the hearing on these applications on the authority of University Medical Center, Inc. v. Department

of Health and Rehabilitative Services, 483 So. 2d 712, 716 (Fla. 1st DCA 1985). An Amended

Motion arguing the same basis with statements as to each party's position was filed the following

day and the hearing was rescheduled to March 2020.

3. On May 2, 2019, motion to dismiss was filed against MMC arguing that it was not,

in fact, an established or existing facility with standing to participate in the proceedings. MMC's

response noted the passage of CS/CS/HB 21 on April 29, 2019, deregulating CON for general

acute care hospitals effective July 1, 2019, that the bill was awaiting approval and signature of the

governor and may render the entire proceeding moot if so approved. Now Chapter 2019-136,

Laws ofFlorida, concerning the partial deregulation of Florida's CON laws, the bill was approved

and signed by the Governor ofFlorida on June 25, 2019. Unless otherwise specified, its provisions

become effective on July 1, 2019. 2019-136, Laws ofFlorida, § 22. Therefore, "the establishment

of or new construction of' general acute care hospitals will no longer require CON review nor will

the initial licensure of a general acute care hospital require a Certificate of Need effective July 1,

2019. 2019-136 Laws ofFlorida, §§ 9, 13 (2019)

4. On July 10, 2019, the ALJ entered an order requiring a status report and ordering

the parties to confer to detennine if there was agreement that the proceeding is now moot because

of CS/CS/HB 21 and, if not, for the parties not in agreement to file a separate report as to why they

do not agree. On July 22, AHCA, Coral Gables, Hialeah Hospital, Palmetto General, MMC, and

NCH filed a Partial Joint Status Report stating agreement that the proceeding is moot and should

be dismissed. Jackson Hospital West and East Florida DMC, LLC filed separate statements, but

agreed that the case should be dismissed. No party contested that the issues had been made moot

by the passage of 2019-136, Laws of Florida, because a CON is no longer required for the initial

licensure of a general acute care hospital under its provisions. 2019-136 Laws of Florida, § 9.

5. On August 13, 2019, the ALJ entered an order canceling the hearing, closing the

file, and relinquishing jurisdiction to the Agency for Health Care Administration.

It is therefore, ORDERED

1. The petitions for formal hearing are dismissed.

2. The approvals of CON application Nos. 10550 and 10551 are now moot. As of

July 1, 2019, general acute care hospital projects are not subject to CON review nor does the initial

licensure of a general acute care hospital require a Certificate of Need. See Chapter 2019-136

Laws ofFlorida §§ 9, 13.

ORDERED in Tallahassee, Florida, on this _a day of 2019.

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 J / jiJ:-d;;;- of

Richar oop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

W. David Watkins

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

Thomas Panza, Esquire

Elizabeth Pedersen, Esquire

Paul Buckley, Esquire

Angelina Gonzalez, Esquire

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

Stephen Ecenia, Esquire

Craig Miller, Esquire

Amanda Hessein, Esquire

steve@rutl edge-ecenia. com

[e-mail]

amanda@rutl edge-ecenia. com

vicki @rutledge-ecenia. com

[e-mail]

Stephen Emmanuel, Esquire

Michael Glazer, Esquire

Eugene Rivers, Esquire

[e-mail]

[e-mail]

[e-mail];

[e-mail]

Abigail Price- Williams, Esquire

Christopher Kokoruda, Esquire

Eugene Shy, Jr., Esquire

kokorud@miamidade. gov

[e-mail]

[e-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 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)