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19-001560CON Pruitthealth - Hillsborough County, Llc vs. Hillsborough County Nursing And Rehab Center, Llc, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 11, 2019.

View Dockets  

1t... v i ' t.,. Ylti

8STATE OF FLORIDA

11AGENCY FOR HEALTH CARE ADMINISTRATION 2919 JUN 20 P 12: 05

22PRUITTHEALTH - HILLSBOROUGH

25COUNTY, LLC,

27Petitioner,

28vs. DOAH Case No. 19- 156000N

34AHCA Case No. 2019003517

38HILLSBOROUGH COUNTY NURSING CON Nos. 10552, 10553

45AND REHAB CENTER, LLC, and RENDITION NO.: AHCA- 13' - o 3 - S- OLC

60STATE OF FLORIDA, AGENCY FOR

65HEALTH CARE ADMINISTRATION,

68Respondent.

69FINAL ORDER

71THIS CAUSE comes before the State of Florida, Agency For Health Care Administration

84the " Agency") concerning the challenge of the preliminary approval of Certificate of Need

98CON") Application No. 10552, filed by Hillsborough County Nursing and Rehab Center, LLC

112HCNRC"), to add 73 - bed community nursing home beds, and the preliminary denial of CON

129Application No. 10553, filed by Pruitthealth— Hillsborough County, LLC (" Pruitthealth"). The

142Agency published notice of its preliminary decisions in the Florida Administrative Register,

154Vol. 45, No. 33 on February 18, 2019.

162Pruitthealth filed a petition for hearing challenging the denial by the Agency of its

176application as well as the approval of HCNRC' s application. The petition was forwarded to the

192Division of Administrative Hearings.

1962. The parties have since agreed that a fair, efficient and cost- effective resolution of

211the dispute would avoid the uncertainty of litigation and have entered into the attached settlement

226agreement.

227It is therefore ORDERED:

2311. The Petition for hearing is dismissed.

2382. The preliminary approval of CON Application 10552 is upheld, but for only a

252sixty-seven (67) bed community nursing home.

2583. The preliminary denial of CON Application 10553 is withdrawn and the

270application is now approved, but for only six (6) community nursing home beds.

283ORDERED in Tallahassee, Florida, on this Ji__ day of 2019 .

294...

295Agency for Health Care Administration

300NOTICE OF RIGHT TO JUDICIAL REVIEW

306A party who is adversely affected by this final order is entitled to judicial review, which shall be

324instituted by filing the original notice of appeal with the Agency Clerk of AHCA, and a copy

341along with the filing fee prescribed by law with the district court of appeal in the appellate

358district where the Agency maintains its headquarters or where a party resides. Review

371proceedings shall be conducted in accordance with the Florida appellate rules. The notice of

385appeal must be filed within 30 days of the rendition of the order to be reviewed.

401CERTIFICATE OF SERVICE

404I HEREBY CERTIFY that a true and correct copy of this Final Order was has been

420furnished by the method designated to the persons named below on this .r .2J'

434-' 2019.

436oop, Agency

438Agency for Health Care Administration

4432727 Mahan Drive, Mail Stop #3

449Tallahassee, Florida 32308

452Telephone: (850) 412-3630

455Copies:

456James H. Peterson, III

460Administrative Law Judge

463Division of Administrative Hearings

467The DeSoto Building

4701230 Apalachee Parkway

473Tallahassee, FL 32399-3060

476(Electronic Filing)

478Stephen Emmanuel, Equire

481Eugene Rivers, Esquire

484123 South Calhoun Street

488Tallahassee, FL 32301

491semmanuel@ausley.com

492drivers@ausley.com

493jmcvaney@ausley.com

494mwallace@ausley.com

495(Electronic Mail)

497Geoffrey Smith, Esquire

500Susan Smith, Esquire

503Sabrina Dieguez, Esquire

506Suite 540, 709 South Harbor City Boulevard

513Melbourne, FL 32901

516geoff@smithlawtlh.com

517susan@smi thlawtlh. com

520sabrina@smithlawtlh.com

521Katherine@smithlawtlh.com

522dianne@smithlawtlh.com

523(Electronic Mail)

525Julia E. Smith, Esquire

529Office of the General Counsel

534Agency for Health Care Administration

539(Electronic Mail)

541Central Intake Unit

544Agency for Health Care Administration

549(Electronic Mail)

551Janice Mills

553Facilities Intake

555Agency for Health Care Administration

560(Electronic Mail)

562Marisol Fitch, Unit Manager

566Certificate of Need Unit

570Bureau of Health Facility Regulation

575(Electronic Mail)

577Bemard E. Hudson, Unit Manager

582Long Tenn Care Unit

586Bureau of Health Facility Regulation

591(Electronic Mail)

593Scott Waltz, Bureau Chief

597Office of Plans and Construction

602(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/22/2019
Proceedings: Settlement Agreement filed.
PDF:
Date: 07/22/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 06/20/2019
Proceedings: Agency Final Order
PDF:
Date: 06/11/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 06/10/2019
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 05/21/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/17/2019
Proceedings: Notice of Filing Joint Amended Proposed Order of Pre-Hearing Instructions filed.
PDF:
Date: 05/03/2019
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for September 30 through October 4, 7, and 8, 2019; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/03/2019
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for May 3, 2019; 10:00 a.m.).
PDF:
Date: 05/01/2019
Proceedings: PruittHealth-Hillsborough County's Response in Opposition to Hillsborough County Nursing and Rehab Center, LLC's Motion for Continuance filed.
PDF:
Date: 04/26/2019
Proceedings: Notice of Filing Joint Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 04/25/2019
Proceedings: Hillsborough County Nursing and Rehab Center, LLC's Motion for Continuance filed.
PDF:
Date: 04/18/2019
Proceedings: Notice of Appearance (Eugene Rivers) filed.
PDF:
Date: 04/16/2019
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 04/16/2019
Proceedings: Notice of Hearing (hearing set for June 17 through 19, 24, 25, 27, and 28, 2019; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 04/08/2019
Proceedings: Hillsborough County Nursing and Rehab Center, LLC's First Request for Production of Documents to PruittHealth-Hillsborough County, LLC filed.
PDF:
Date: 04/08/2019
Proceedings: Hillsborough County Nursing and Rehab Center, LLC's Notice of Service of Its First Set of Interrogatories to PruittHealth - Hillsborough County, LLC filed.
PDF:
Date: 04/08/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 04/08/2019
Proceedings: PruittHealth-Hillsborough County LLC's Notice of Service of First Interrogatories to Hillsborough County Nursing and Rehab Center, LLC filed.
PDF:
Date: 04/08/2019
Proceedings: PruittHealth-Hillsborough County LLC's First Request for Production to Hillsborough County Nursing and Rehab Center, LLC filed.
PDF:
Date: 03/28/2019
Proceedings: Notice of Transfer.
PDF:
Date: 03/27/2019
Proceedings: Initial Order.
PDF:
Date: 03/20/2019
Proceedings: Pruitthealth - Hillsborough County, LLC's, Petition for Formal Administrative Hearing filed.
PDF:
Date: 03/20/2019
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 03/20/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JAMES H. PETERSON, III
Date Filed:
03/20/2019
Date Assignment:
03/28/2019
Last Docket Entry:
07/22/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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