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Home » Cases Under Administrative Hearing » 21-002392CON

21-002392CON Amedisys Hospice, Llc vs. Halifax Hospice, Inc. And Seasons Hospice And Palliative Care Of Brevard County, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 20, 2021.

View Dockets  

1Agency") concerning the Agency's preliminary decisions to grant Certificate of Need ("CON")

16Application No. 10652 filed by Amedisys Hospice, LLC, ("Amedisys") to establish a new hospice

32program in District 7 A, Brevard County, and to deny CON Application No. 10654 filed by Seasons

49Hospice & Palliative Care of Brevard County, LLC ("Seasons").

601. On June 21, 2021, the Agency published a notice in Vol. 4 7, No. 119 of the Florida

79Administrative Register setting out its preliminary decisions granting CON Application No. 10652

91filed by Amedisys to establish a new hospice program in District 7 A, Brevard County, and denying

108CON Application No. 10653 filed by Halifax and CON Application No. 10643 filed by Seasons.

1232. Seasons filed a Petition for Formal Administrative Hearing contesting the

134preliminary denial of its CON Application No. 10654 and the preliminary approval of Amedisys's

148CON Application No. 10652.

1523. Amedisys filed an Amended Petition for Fonnal Administrative Hearing in support

164of the Agency's preliminary approval of its CON Application No. 10652, and the preliminary

178denial of CON Application No. 10653 filed by Halifax and CON Application No. 10654 filed by

194Seasons.

1954. Halifax withdrew its Petition for Formal Administrative Hearing prior to any of the

209Petitions being referred to the Division of Administrative Hearings ("DOAH").

2215. Thereafter, the Petitions filed by Seasons and Amedisys were referred to DOAH.

2346. On August 6, 2021, Hospice of St. Francis, Inc., d/b/a St. Francis Reflections

248Hospice ("St. Francis") filed an unopposed Motion to Intervene, which was granted.

2627. On August 18, 2021, Seasons filed a Notice of Voluntary Dismissal of its Petition.

2778. On August 18, 2021, Amedisys filed a Notice ofVoluntary Dismissal of its Petition.

2919. On August 20, 2021, DOAH entered an Order Closing File and Relinquishing

304Jurisdiction.

305It is therefore, ORDERED:

3091. The approval of CON Application No. 10652 is UPHELD.

3192. The denial of CON Application No. 1065& UPHE}f·. (

329ORDERED in Tallahassee, Florida, on q day of ft1L('J0 , 2021.

339. Smoak, Deputy Secretary

343ealth Care Administration

346NOTICE OF RIGHT TO JUDICIAL REVIEW

352A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

370instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

387along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

405where the Agency maintains its headquarters or where a party resides. Review of proceedings

419shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

435filed within 30 days of the rendition of the order to be reviewed.

448CERTIFICATE OF SERVICE

451I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

467furnished by the method designated to the persons named below on this

479Aycr 6 , 2021.

482Richar oop, Agency Clerk

486Agency for Health Care Administration

4912727 Mahan Drive, Mail Stop #3

497Tallahassee, Florida 32308

500(850) 412-3630

502Copies:

503Division of Administrative Hearings

507(Electronic Filing)

509Karl David Acuff: Esquire

513Law Offices of Karl David Acuff

5191615 Village Square Boulevard, Suite 2

525Tallahassee, Florida 32309-2770

528kd _ acuff@floridacourts.com

531(Electronic Mail)

533Michael J. Glazer, Esquire

537Stephen C. Emmanuel, Esquire

541Eugene Dylan Rivers, Esquire

545227 South Calhoun Street

549Post Office Box 391

553Tallahassee, Florida 32301

556mglazer@ausley.com

557semmanuel@ausley.com

558drivers@ausley.com

559jmcvaney@ausley.com

560mtaylor@ausley.com

561(Electronic Mail)

563Mia L. McKown, Esquire

567Tara R. Price, Esquire

571Holland & Knight, LLP

575315 South Calhoun Street, Suite 600

581Tallahassee, Florida 32301

584mia.mckown@hklaw.com

585jennifer .gillis@hklaw. com

588tara. pri ce@hklaw. com

592shannonveasey@hklaw .com

594(Electronic Mail)

596Richard J. Saliba, Senior Attorney

601Office of the General Counsel

606Agency for Health Care Administration

611(Electronic Mail)

613James McLemore

615Health Services and Facilities Consultant

620Certificate ofNeed Unit

623Agency for Health Care Administration

628(Electronic Mail)

630Bernard Hudson, Unit Manager

634Leigh Meadows, Supervisor

637Long Term Care Unit

641Agency for Health Care Administration

646(Electronic Mail)

648Minoo Hasani

650Facilities Intake Unit

653Office of the General Counsel

658Agency for Health Care Administration

663(Electronic Mail)

Dockets
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PDF
Date
Proceedings
PDF:
Date: 08/31/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 08/24/2021
Proceedings: Agency Final Order
PDF:
Date: 08/20/2021
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 08/18/2021
Proceedings: Amedisys Hospice, LLC's Notice of Voluntary Dismissal (Case No.: 21-2392) filed.
PDF:
Date: 08/18/2021
Proceedings: Seasons Hospice & Palliative Care of Brevard County, LLC's Notice of Voluntary Dismissal filed.
PDF:
Date: 08/17/2021
Proceedings: The Agency for Health Care Administration's Notice of Service of Answers to Seasons Hospice & Palliative Care of Brevard County, LLC's First Set of Interrogatories to the Agency filed.
PDF:
Date: 08/13/2021
Proceedings: Joint Proposed Order of Pre-Hearing Instructions filed.
PDF:
Date: 08/10/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for September 27 through October 1, 4 through 6, 11, and 12, 2021; 9:00 a.m., Eastern Time).
Date: 08/09/2021
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 08/09/2021
Proceedings: Order Granting Unopposed Motion to Intervene.
PDF:
Date: 08/06/2021
Proceedings: Seasons Hospice & Palliative Care of Brevard County, LLC's Notice of Service of Its First Set of Interrogatories to Agency for Health Care Administration filed.
PDF:
Date: 08/06/2021
Proceedings: Notice of Telephonic Scheduling Conference (status conference set for August 9, 2021; 2:00 p.m., Eastern Time).
PDF:
Date: 08/06/2021
Proceedings: Notice of Appearance (Karl David Acuff) filed.
PDF:
Date: 08/06/2021
Proceedings: St. Francis Reflections Hospice's Unopposed Motion to Intervene filed.
PDF:
Date: 08/06/2021
Proceedings: Order Granting Amedisys Hospice, LLC's Motion to Correct the Case Caption and to Remove Attorneys From the Docket.
PDF:
Date: 08/06/2021
Proceedings: Agency for Health Care Administration's First Request for Production to Seasons Hospice and Palliative Care of Brevard County, LLC filed.
PDF:
Date: 08/05/2021
Proceedings: Seasons Hospice and Palliative Care of Brevard County, LLC's First Request for Production to Agency for Health Care Administration filed.
PDF:
Date: 08/05/2021
Proceedings: Order of Consolidation (DOAH Case Nos. 21-2378 and 21-2392)
PDF:
Date: 08/05/2021
Proceedings: Amedisys Hospice, LLC's Motion to Correct the Case Caption and to Remove Attorneys from the Docket filed.
PDF:
Date: 08/04/2021
Proceedings: Amedisys Hospice, LLC's First Request for Production of Documents to Seasons Hospice & Palliative Care of Brevard County, LLC filed.
PDF:
Date: 08/04/2021
Proceedings: Amedisys Hospice, LLC's Notice of Service of Its First Set of Interrogatories to Seasons Hospice & Palliative Care of Brevard County, LLC filed.
PDF:
Date: 08/03/2021
Proceedings: Initial Order.
PDF:
Date: 08/03/2021
Proceedings: Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 08/03/2021
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 08/03/2021
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 08/03/2021
Proceedings: Amended Notice (of Agency referral) filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
08/02/2021
Date Assignment:
08/03/2021
Last Docket Entry:
08/31/2021
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels