19-000225CON Variety Children&Apos;S Hosptial, D/B/A The Miami Medical Center vs. The Public Health Trust Of Miami-Dade County, Florida, D/B/A Jackson Hospital West, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 13, 2019.


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1THE PUBLIC HEALTH TRUST OF

6MIAMI-DADE COUNTY, FLORIDA,

9d/b/a JACKSON HOSPITAL WEST, DOAH No. 19-0221CON

16AHCA No. 2019000387

19Petitioner, CON Nos. 10550, 10551

24vs.

25STATE OF FLORIDA, AGENCY FOR

30HEALTH CARE ADMINISTRATION,

33Respondent.

34------------------------------- I

36CGH HOSPITAL, LTD. d/b/a CORAL

41GABLES HOSPITAL; TENET HIALEAH

45HEALTHSYSTEM, INC., d/b/a HIALEAH

49HOSPITAL; AND LIFEMARK HOSPITALS

53OF FLORIDA, INC. d/b/a PALMETTO

58GENERAL HOSPITAL, DOAH No. 19-0222CON

63AHCA No. 2019000341

66Petitioners, CON No. 10551

70vs.

71STATE OF FLORIDA, AGENCY FOR

76HEALTH CARE ADMINISTRATION, and

80THE PUBLIC HEALTH TRUST OF

85MIAMI-DADE COUNTY, FLORIDA, d/b/a

89JACKSON HOSPITAL WEST,

92Respondent.

93------------------------------- I

95EAST FLORIDA- DMC, INC.,

99Petitioner, DOAH No. 19-0223CON

103AHCA No. 2019000365

106vs. CON No. 10551

110THE PUBLIC HEALTH TRUST OF

115MIAMI-DADE COUNTY, FLORIDA and

119STATE OF FLORIDA, AGENCY FOR

124HEALTH CARE ADMINISTRATION,

127Respondents.

128------------------------------- I

130KENDALL HEALTHCARE GROUP,

133LTD d/b/a KENDALL REGIONAL

137MEDICAL CENTER, DOAH No. 19-0224CON

142AHCA No. 2018018741

145Petitioner, CON No. 10551

149vs.

150THE PUBLIC HEALTH TRUST OF

155MIAMI-DADE COUNTY, FLORIDA, and

159STATE OF FLORIDA, AGENCY FOR

164HEALTH CARE ADMINISTRATION,

167Respondents.

168VARIETY CHILDREN'S HOSPITAL,

171d/b/a THE MIAMI MEDICAL CENTER, DOAH No. 19-0225CON

179AHCA No. 2019000342

182Petitioner, CON No. 10551

186vs.

187THE PUBLIC HEALTH TRUST OF

192MIAMI-DADE COUNTY, FLORIDA,

195d/b/a JACKSON HOSPITAL WEST, and

200STATE OF FLORIDA, AGENCY FOR

205HEALTH CARE ADMINISTRATION,

208Respondents.

209I

210FINAL ORDER

212THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the

227Agency") concerning the preliminary approvals of the Certificate of Need ("CON") applications

242ofThe Public Health Trust of Miami-Dade County, Florida d/b/a Jackson Hospital West ("Jackson

256Hospital West"), CON Application No. 10551, for a 1 00-bed general acute care hospital for health

273planning District 11, Subdistrict 1, Miami-Dade County, Florida and East Florida- DMC, LLC's

286CON application No. 10550 for an 80-bed general acute care hospital also in health planning

301District 11, Subdistrict 1, Miami-Dade County, Florida. Notice of the Decisions was published

314in the Florida Administrative Register in Volume 44, Number 238 on December 10, 2018.

3281. The Public Health Trust of Miami-Dade County and East Florida- DMC each

341timely filed petitions in support of their own application and against the approval of the other

357application. CGH Hospital, Ltd. d/b/a Coral Gables Hospital ("Coral Gables"), Tenet Hialeah

371HealthSystem, Inc. d/b/a Hialeah Hospital ("Hialeah Hospital"), Lifemark Hospitals of Florida,

384Inc. d/b/a Palmetto General Hospital ("Palmetto General") and Variety Children's Hospital d/b/a

398Nicklaus Children's Hospital ("NCH") and d/b/a The Miami Medical Center ("MMC") timely

414filed petitions contesting both approvals.

4192. On February 27, 2019, Coral Gables, Hialeah, and Palmetto General filed a motion

433to abate the proceedings or continue the hearing to preserve hatching cycles because a later filed

449set of applications was being pursued by these applicants and had been set for hearing following

465the hearing on these applications on the authority of University Medical Center, Inc. v. Department

480of Health and Rehabilitative Services, 483 So. 2d 712, 716 (Fla. 1st DCA 1985). An Amended

496Motion arguing the same basis with statements as to each party's position was filed the following

512day and the hearing was rescheduled to March 2020.

5213. On May 2, 2019, motion to dismiss was filed against MMC arguing that it was not,

538in fact, an established or existing facility with standing to participate in the proceedings. MMC's

553response noted the passage of CS/CS/HB 21 on April 29, 2019, deregulating CON for general

568acute care hospitals effective July 1, 2019, that the bill was awaiting approval and signature of the

585governor and may render the entire proceeding moot if so approved. Now Chapter 2019-136,

599Laws ofFlorida, concerning the partial deregulation of Florida's CON laws, the bill was approved

613and signed by the Governor ofFlorida on June 25, 2019. Unless otherwise specified, its provisions

628become effective on July 1, 2019. 2019-136, Laws ofFlorida, § 22. Therefore, "the establishment

642of or new construction of' general acute care hospitals will no longer require CON review nor will

659the initial licensure of a general acute care hospital require a Certificate of Need effective July 1,

6762019. 2019-136 Laws ofFlorida, §§ 9, 13 (2019)

6844. On July 10, 2019, the ALJ entered an order requiring a status report and ordering

700the parties to confer to detennine if there was agreement that the proceeding is now moot because

717of CS/CS/HB 21 and, if not, for the parties not in agreement to file a separate report as to why they

738do not agree. On July 22, AHCA, Coral Gables, Hialeah Hospital, Palmetto General, MMC, and

753NCH filed a Partial Joint Status Report stating agreement that the proceeding is moot and should

769be dismissed. Jackson Hospital West and East Florida DMC, LLC filed separate statements, but

783agreed that the case should be dismissed. No party contested that the issues had been made moot

800by the passage of 2019-136, Laws of Florida, because a CON is no longer required for the initial

818licensure of a general acute care hospital under its provisions. 2019-136 Laws of Florida, § 9.

8345. On August 13, 2019, the ALJ entered an order canceling the hearing, closing the

849file, and relinquishing jurisdiction to the Agency for Health Care Administration.

860It is therefore, ORDERED

8641. The petitions for formal hearing are dismissed.

8722. The approvals of CON application Nos. 10550 and 10551 are now moot. As of

887July 1, 2019, general acute care hospital projects are not subject to CON review nor does the initial

905licensure of a general acute care hospital require a Certificate of Need. See Chapter 2019-136

920Laws ofFlorida §§ 9, 13.

925ORDERED in Tallahassee, Florida, on this _a day of 2019.

935NOTICE OF RIGHT TO JUDICIAL REVIEW

941A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

959instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

976along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

994where the Agency maintains its headquarters or where a party resides. Review of proceedings

1008shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

1024filed within 30 days of the rendition of the order to be reviewed.

1037CERTIFICATE OF SERVICE

1040I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

1056furnished by the method designated to the persons named below on this J / jiJ:-d;;;- of

1073Richar oop, Agency Clerk

1077Agency for Health Care Administration

10822727 Mahan Drive, Mail Stop #3

1088Tallahassee, Florida 32308

1091(850) 412-3630

1093W. David Watkins

1096Administrative Law Judge

1099Division of Administrative Hearings

1103(Electronic Filing)

1105Thomas Panza, Esquire

1108Elizabeth Pedersen, Esquire

1111Paul Buckley, Esquire

1114Angelina Gonzalez, Esquire

1117tpanza@panzamaurer.com

1118pbuckley@panzamaurer.com

1119epedersen@panzamaurer.com

1120agonzalez@panzamaurer.com

1121cdubon@panzamaurer.com

1122shackshaw@panzamaurer.com

1123tkatler@panzamaurer.com

1124Stephen Ecenia, Esquire

1127Craig Miller, Esquire

1130Amanda Hessein, Esquire

1133steve@rutl edge-ecenia. com

1136cmiller@rutledge-ecenia.com

1137amanda@rutl edge-ecenia. com

1140vicki @rutledge-ecenia. com

1143lauren@rutledge-ecenia.com

1144Stephen Emmanuel, Esquire

1147Michael Glazer, Esquire

1150Eugene Rivers, Esquire

1153mglazer@ausley.com

1154semmanuel@ausley.com

1155drivers@ausley.com;

1156jmcvaney@ausley.com

1157Abigail Price- Williams, Esquire

1161Christopher Kokoruda, Esquire

1164Eugene Shy, Jr., Esquire

1168kokorud@miamidade. gov

1170eshy@miamidade.gov

1171sns@miamidade.gov

1172Julia E. Smith, Assistant General Counsel

1178Office of the General Counsel

1183Agency for Health Care Administration

1188(Electronic Mail)

1190JaniceK. Mills, Government Analyst II

1195Facilities Intake Unit

1198Agency for Health Care Administration

1203(Electronic Mail)

1205Marisol M. Fitch, Unit Manager

1210Certificate ofNeed Unit

1213Agency for Health Care Administration

1218(Electronic Mail)

1220Jack Plagge, Unit Manager

1224Hospital and Outpatient Services Unit

1229Agency for Health Care Administration

1234(Electronic Mail)

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/24/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 09/12/2019
Proceedings: Agency Final Order
PDF:
Date: 08/13/2019
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/22/2019
Proceedings: East Florida-DMC, Inc. and Kendall Regional Medical Center's Response to Order Requiring Status Report filed.
PDF:
Date: 07/22/2019
Proceedings: Jackson's Status Report filed.
PDF:
Date: 07/22/2019
Proceedings: Partial Joint Status Report filed.
PDF:
Date: 07/10/2019
Proceedings: Order Requiring Status Report.
PDF:
Date: 05/09/2019
Proceedings: MMC's Response to Motion to Dismiss filed.
PDF:
Date: 05/02/2019
Proceedings: MMC's Motion for Extension of Time to File Response filed.
PDF:
Date: 04/25/2019
Proceedings: Jackson Hospital West's Motion to Dismiss The Miami Medical Center for Lack of Standing filed.
PDF:
Date: 04/22/2019
Proceedings: Notice of Filing Joint Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 04/16/2019
Proceedings: Order Granting Second Extension of Time.
PDF:
Date: 04/15/2019
Proceedings: Unopposed Motion to Extend the Time for Submitting Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 03/14/2019
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for March 2 through 6, 9 through 13, 16 through 20, and 23 through 27, 2020; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/08/2019
Proceedings: Notice of Appearance (David Maloney) filed.
PDF:
Date: 03/07/2019
Proceedings: The Public Health Trust of Miami-Dade-County, Florida d/b/a Jackson Hospital West's Response to (Amended) Motion to Abate, or Alternatively, to Continue Hearing (filed in Case No. 19-000221CON).
PDF:
Date: 03/07/2019
Proceedings: The Miami Medical Center's Notice of Service of First Set of Interrogatories to Jackson Hospital West filed.
PDF:
Date: 03/07/2019
Proceedings: The Miami Medical Center's First Request for Production of Documents to Jackson Hospital West filed.
PDF:
Date: 03/07/2019
Proceedings: DMC's Response to Amended Motion to Abate, or, alternatively, to Continue Hearing filed.
PDF:
Date: 03/06/2019
Proceedings: Kendall Regional Medical Center's First Request for Production of Documents to Jackson Hospital West filed.
PDF:
Date: 03/05/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/04/2019
Proceedings: Unopposed Motion to Toll or Extend the Time for Submitting Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 02/28/2019
Proceedings: Amended Motion to Abate, or, alternatively, to Continue Hearing filed.
PDF:
Date: 02/27/2019
Proceedings: Motion to Abate, or, alternatively, to Continue Hearing filed.
PDF:
Date: 02/22/2019
Proceedings: Petitioners First Request for Production of Documents to Jackson Hospital West filed.
PDF:
Date: 02/22/2019
Proceedings: Petitioners Notice of Service of Its First Set of Interrogatories to Jackson Hospital West filed.
PDF:
Date: 02/21/2019
Proceedings: Notice of Appearance (Lindsay Ervin; filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to Variety Children's Hospital, d/b/a The Miami Medical Center (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to CGH Hospital, LTD., d/b/a Coral Gables Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to Kendall Healthgroup, LTD. d/b/a Kendall Regional Medical Center (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to Tenet Hialeah Healthsystem, Inc., d/b/a Hialeah Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to Lifemark Hospital, Inc., d/b/a Palmetto General Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West, Notice of Serving First Set of Interrogatories to East Florida-DMC, Inc. (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's First Request for Production to Variety Children's Hospital d/b/a The Miami Medical Center (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's First Request for Production to CGH Hospital, LTD., d/b/a Coral Gables Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's First Request for Production to Kendall Healthcare Group, Ltd., d/b/a Kendall Regional Medical Center (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's First Request for Production to Tenet Hialeah Healthsystem, Inc., d/b/a Hialeah Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's First Request for Production to Lifemark Hospital, Inc., d/b/a Palmetto General Hospital (filed in Case No. 19-000221CON).
PDF:
Date: 02/21/2019
Proceedings: Jackson Hospital West's, First Request for Production to East Florida-DMC, Inc. (filed in Case No. 19-000221CON).
PDF:
Date: 02/19/2019
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 02/19/2019
Proceedings: Notice of Hearing (hearing set for July 8 through 12, 15 through 19, 22 through 26 and July 29 through August 2, 2019; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 02/19/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-0215CON, 19-0216CON, 19-0221CON, 19-0222CON, 19-0223CON, 19-0224CON, and 19-0225CON).
PDF:
Date: 01/25/2019
Proceedings: Joint Response to Initial Order and Joint Motion to Consolidate filed.
PDF:
Date: 01/14/2019
Proceedings: Initial Order.
PDF:
Date: 01/11/2019
Proceedings: The Miami Medical Center's Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/11/2019
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 01/11/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
01/11/2019
Date Assignment:
01/14/2019
Last Docket Entry:
09/24/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels