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.


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1pool, each seeking approval to establish a new hospice program in Hospice Service District 11.

16The applicants included Citadel Healthcare LLC ("Citadel"), Continuum and Moments.

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

41and denied the remaining co-hatched applicants, Citadel and Moments.

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

63CON Application No. 10658 and to deny the remaining co-hatched applicants in the June 21, 2021,

79edition of the Florida Administrative Register.

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

99CON Application No. 10657.

1036. Moments timely filed a Petition for Formal Administrative Hearing challenging the

115Agency's preliminary denial of its CON Application No. I 0659.

1257. Thereafter, Continuum filed a cross petition in support of the Agency's decision to

139approve its CON application and to deny Momenf s CON application.

1508. The Agency referred matters were referred to the Division of Administrative

162Hearings ("DOAH"). No petitions to intervene were filed with the DOAH.

1759. Subsequent to the referral to DOAH, as set forth in the Settlement Agreement, the

190parties considered the attendant facts and circumstances related to the Petitions and determined

203that they justified the approval of a CON for a hospice in addition to the approval of the CON for

223a hospice preliminarily awarded Continuum within Hospice Service District 11.

233I 0. The parties entered into the attached Settlement Agreement.

24311. The parties then jointly moved for and obtained an order relinquishing jurisdiction

256from DOAH.

258IT IS THEREFORE ORDERED:

2621. The Settlement Agreement is adopted and incorporated by reference into this Final

275Order.

2762. CON Application No. 10658 submitted by Continuum is approved.

2863. CON Application No. 10659 submitted by Moments is approved.

296ORDERED in Tallahassee, Florida, on this tPI.!Jay of¥fi-,./t_,e_ , 2021

307Agency for Health Care Administration

312NOTICE OF RIGHT TO JUDICIAL REVIEW

318A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

337by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy along with the filing

357fee prescribed by law with the District Court of Appeal in the appellate district where the Agency maintains

375its headquarters or where a party resides. Review of proceedings shall be conducted in accordance with

391the Florida appellate rules. The Notice of Appeal must be filed within 30 days of the rendition of the order

411to be reviewed.

414CERTIFICATE OF SERVICE

417I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

433furnished by the method designated to the persons named below on this , 2'1 day of

,4482021

449oop, Agency Clerk

452Agency for Health Care Administration

457Copies furnished:

459Division of Administrative Hearings

463(Electronic Filing)

465Geoffrey D. Smith, Esquire

469Susan Crystal Smith, Esquire

473Sabrina B. Dieguez, Esquire

477Stephen Burch, Esquire

480Smith & Associates

483geoff@smithlawtlh.com

484susan@smithlawtlh.com

485sdi eguez@smi thlawtlh. com

489stephen@smithlawtlh.com

490dianne@smithlawtlh.com

491D. Ty Jackson, Esquire

495Gray Robinson, P.A.

498ty.jackson@gray-robinson.com

499Richard J. Saliba, Esquire

503Office of the General Counsel

508Agency for Health Care Administration

513(Electronic Mail)

515Erin Bailey, Unit Manager

519Certificate ofNeed Unit

522Agency for Health Care Administration

527(Electronic Mail)

529Bernard E. Hudson, Unit Manager

534Long Term Care Services Unit

539Agency for Health Care Administration

544(Electronic Mail)

546Facilities Intake Unit

549Agency for Health Care Administration

554(Electronic Mail)

556Central Intake Unit

559Agency for Health Care Administration

564(Electronic Mail)

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/19/2021
Proceedings: Agency Final Order
PDF:
Date: 10/19/2021
Proceedings: Settlement Agreement filed.
PDF:
Date: 10/19/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 09/13/2021
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/13/2021
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 09/08/2021
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/30/2021
Proceedings: Notice of Appearance (Joseph Schimming) filed.
PDF:
Date: 08/26/2021
Proceedings: Joint Proposed Order of Pre-Hearing Instructions filed.
PDF:
Date: 08/25/2021
Proceedings: Notice of Appearance (Stephen Burch) filed.
PDF:
Date: 08/16/2021
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 08/16/2021
Proceedings: Notice of Hearing (hearing set for December 6 through 10 and 13 through 17, 2021; 9:00 a.m., Eastern Time; Tallahassee).
PDF:
Date: 08/16/2021
Proceedings: Order of Consolidation (DOAH Case Nos. 21-2379, 21-2380)
PDF:
Date: 08/13/2021
Proceedings: Joint Response to Initial Order and Request for Consolidation filed.
PDF:
Date: 08/10/2021
Proceedings: Initial Order.
PDF:
Date: 08/03/2021
Proceedings: Granted Applicant Continuum Care of Miami Dade, LLC's Petition for Formal Administrative Hearing Challenging the Denied Co-Batched Application of Moments Hospice of Miami, LLC filed.
PDF:
Date: 08/02/2021
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 08/02/2021
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN G. VAN LANINGHAM
Date Filed:
08/02/2021
Date Assignment:
08/10/2021
Last Docket Entry:
10/19/2021
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels