21-002379CON Moments Hospice Of Miami, Llc vs. Continuum Care Of Miami Dade, Llc And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, September 13, 2021.

pool, each seeking approval to establish a new hospice program in Hospice Service District 11.

The applicants included Citadel Healthcare LLC ("Citadel"), Continuum and Moments.

3. On June 18,2021, the Agency approved Continuum's CON Application No. 10658

and denied the remaining co-hatched applicants, Citadel and Moments.

4. The Agency published a notice of its preliminary decision to approve Continuum's

CON Application No. 10658 and to deny the remaining co-hatched applicants in the June 21, 2021,

edition of the Florida Administrative Register.

5. Citadel did not file a petition challenging the Agency's preliminary denial of its

CON Application No. 10657.

6. Moments timely filed a Petition for Formal Administrative Hearing challenging the

Agency's preliminary denial of its CON Application No. I 0659.

7. Thereafter, Continuum filed a cross petition in support of the Agency's decision to

approve its CON application and to deny Momenf s CON application.

8. The Agency referred matters were referred to the Division of Administrative

Hearings ("DOAH"). No petitions to intervene were filed with the DOAH.

9. Subsequent to the referral to DOAH, as set forth in the Settlement Agreement, the

parties considered the attendant facts and circumstances related to the Petitions and determined

that they justified the approval of a CON for a hospice in addition to the approval of the CON for

a hospice preliminarily awarded Continuum within Hospice Service District 11.

I 0. The parties entered into the attached Settlement Agreement.

11. The parties then jointly moved for and obtained an order relinquishing jurisdiction

from DOAH.

IT IS THEREFORE ORDERED:

1. The Settlement Agreement is adopted and incorporated by reference into this Final

Order.

2. CON Application No. 10658 submitted by Continuum is approved.

3. CON Application No. 10659 submitted by Moments is approved.

ORDERED in Tallahassee, Florida, on this tPI.!Jay of¥fi-,./t_,e_ , 2021

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 , 2'1 day of

,2021

oop, Agency Clerk

Agency for Health Care Administration

Copies furnished:

Division of Administrative Hearings

(Electronic Filing)

Geoffrey D. Smith, Esquire

Susan Crystal Smith, Esquire

Sabrina B. Dieguez, Esquire

Stephen Burch, Esquire

Smith & Associates

[e-mail]

[e-mail]

sdi eguez@smi thlawtlh. com

[e-mail]

[e-mail]

D. Ty Jackson, Esquire

Gray Robinson, P.A.

[e-mail]

Richard J. Saliba, Esquire

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Erin Bailey, Unit Manager

Certificate ofNeed Unit

Agency for Health Care Administration

(Electronic Mail)

Bernard E. Hudson, Unit Manager

Long Term Care Services Unit

Agency for Health Care Administration

(Electronic Mail)

Facilities Intake Unit

Agency for Health Care Administration

(Electronic Mail)

Central Intake Unit

Agency for Health Care Administration

(Electronic Mail)