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Home » Cases Under Administrative Hearing » 22-000209CON

22-000209CON Hospice Of The Treasure Coast Incorporated vs. Brevard Hma Hospice, Llc, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 22, 2022.

View Dockets  

1hospice provider, VNA Hospice of Indian River County, Inc., filed a petition denying that any

16need exists in the service area and opposing the approval of any CON application.

303. The matters were refetTed to the Division of Administrative Hearings.

414. On July 22,2022, Treasure Coast filed a notice of voluntary dismissal of its petition.

575. On that same day, the Administrative Law Judge entered an Order Severing Cases,

71Closing File and Relinquishing Jurisdiction.

76Therefore, it is ORDERED that:

81A. The denial of Treasure Coast's CON Application No. 10696 is UPHELD.

93B. The remaining petitions conceming the approval of CON Application No. 10695

105of Brevard HMA remain pending at the Division of Administrative Hearings.

116ORDERED in Tallahassee, Florida this J S Yctay ______ 2022.

126NOTICE OF RIGHT TO JUDICIAL REVIEW

132A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

150instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

167along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

185where the Agency maintains its headquarters or where a party resides. Review of proceedings shall

200be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed

216within 30 days of the rendition of the order to be reviewed.

228CERTIFICATE OF SERVICE

231I HEREBY CERTIFY that a true and correct cupy of the foregoing was served to

246the persons named below via electronic mail on this 2022.

256op, Age

258Agency for Health Care Administration

2632727 Mahan Drive, Mail Stop 3

269Tallahassee, Florida 32308-5403

272Telephone: (850) 412-3630

275Karl David Esquire

278Law Otlices of Karl David Acuff

284Suite 2, 1615 Village Square Boulevard

290Tallahassee, FL 32309-2770

293kd at:ufl(f{:Jloridanmrts.com

295Seann M. Frazier, Esquire

299Kristin Bond Dobson, Esquire

303215 South Monroe Street

307Tallahassee, Florida 32301

310shazicr(a 1 phrd.com

313Geoffrey D. Smith, Esquire

317Susan Crystal Smith, Esquire

321Sabrina B. Dieguez, Esquire

325Smith & Associates

328709 South Harbor city Boulevard., Suite 540

335Melbourne, Florida 3290 I

339geoftla'smithlawtlh.com

340s IJ1 wt I h_, com

346sabri na((usmith I a wtlh .com

3520_t I a'\\'J]h.

355Julia E. Smith, Senior Attomey

360Office of the General Counsel

365Agency for Health Care Administration

370(Electronic Mail)

372D. Carlton Enfinger. IL Senior Attorney

378Office of the General Counsel

383Agency t(Jr Health Care Administration

388(Electronic Mail)

390Brian 0. Smith, Bureau Chief

395Long Term Care Services Unit

400Bureau of Health Facility Regulation

405Agency for Health Care Administration

410(Electronic Mail)

412Erin Bailey, Unit Manager

416Ceiiiticate of Need and Commercial Managed Care Unit

424Bureau of Health Facility Regulation

429Agency for Health Care Administrator

434(Electronic Mail)

436James McLemore

438Operations and Management Consultant Manager

443Cciiificate of Need and Commercial Managed Care Unit

451Bureau of Health Facility Regulation

456Agency for Health Care Administrator

461(Electronic Mail)

463Facilities Intake Unit

466Agency for Health Care Administration

471(Electronic Mail)

473Central Intake Unit

476Agency for Health Care Administration

481(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/12/2022
Proceedings: Agency Final Order filed.
PDF:
Date: 08/01/2022
Proceedings: Agency Final Order
PDF:
Date: 07/28/2022
Proceedings: Notice of Appearance (Stephen Burch) filed.
PDF:
Date: 07/26/2022
Proceedings: Brevard HMA Hospice, LLC's Second Request for Production to VNA Hospice of Indian River County filed.
PDF:
Date: 07/25/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s Motion to Adopt Proposed Order of Pre-Hearing Instructions filed.
PDF:
Date: 07/22/2022
Proceedings: Order Severing Cases, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/22/2022
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 07/22/2022
Proceedings: Notice of Appearance (Ian Waldick) filed.
PDF:
Date: 07/15/2022
Proceedings: Notice of Filing The Agency for Health Care Administration's Interrogatories to VNA Hospice of Indian River County, Inc (filed in Case No. 22-000210CON).
PDF:
Date: 07/15/2022
Proceedings: Notice of Filing The Agency for Health Care Administration's Interrogatories to Hospice of the Treasure Coast filed.
PDF:
Date: 07/12/2022
Proceedings: Order Rescheduling Hearing by Zoom Conference (hearing set for September 6 through 9, 12 through 15 and 20 through 23, 2022; 9:00 a.m., Eastern Time).
PDF:
Date: 07/11/2022
Proceedings: Unopposed Motion to Amend Notice of Final Hearing filed.
PDF:
Date: 05/09/2022
Proceedings: VNA Hospice, LLC's Responses to Brevard HMA Hospice, LLC's First Request for Production (filed in Case No. 22-000210CON).
PDF:
Date: 05/09/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s Notice of Serving Answers to Brevard HMA Hospice, LLC's First Set of Interrogatories (filed in Case No. 22-000210CON).
PDF:
Date: 05/03/2022
Proceedings: Brevard HMA Hospice, LLC's Notice of Service of Verified Answers to First Interrogatories from VNA Hospice of Indian River County, Inc. filed.
PDF:
Date: 05/03/2022
Proceedings: Brevard HMA Hospice, LLC's Responses to First Request for Production from VNA Hospice of Indian River County, Inc. filed.
PDF:
Date: 04/27/2022
Proceedings: The Agency for Health Care Administration's Response to VNA Hospice of Indian River County, Inc.'s First Request for Production of Documents to the Agency for Health Care Administration filed.
PDF:
Date: 04/27/2022
Proceedings: Agency's Notice of Service of Answers to VNA Hospice of Indian River County, Inc.'s First Set of Interrogatories to the Agency for Health Care Administration (filed in Case No. 22-000210CON).
PDF:
Date: 04/27/2022
Proceedings: Agency's Notice of Service of Answers to VNA Hospice of Indian River County, Inc.'s First Set of Interrogatories to the Agency for Health Care Administration filed.
PDF:
Date: 03/09/2022
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 6 through 9, 12 through 16 and 19 through 23, 2022; 9:00 a.m., Eastern Time).
PDF:
Date: 03/09/2022
Proceedings: Joint Unopposed Motion for Continuance filed.
PDF:
Date: 02/22/2022
Proceedings: Notice of Service of First Interrogatories to Hospice of the Treasure Coast Incorporated filed.
PDF:
Date: 02/22/2022
Proceedings: Notice of Service of First Interrogatories to VNA Hospice of Indian River County, Inc. filed.
PDF:
Date: 02/22/2022
Proceedings: Brevard HMA Hospice, LLC's First Request for Production to Hospice of the Treasure Coast Incorporated filed.
PDF:
Date: 02/22/2022
Proceedings: Brevard HMA Hospice, LLC's First Request for Production to VNA Hospice of Indian River County, Inc. filed.
PDF:
Date: 02/17/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s First Request for Production of Documents to the Agency for Health Care Administration filed.
PDF:
Date: 02/17/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s Notice of Serving First Set of Interrogatories to the Agency for Health Care Administration filed.
PDF:
Date: 02/14/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s Notice of Serving First Set of Interrogatories to Brevard HMA Hospice, LLC filed.
PDF:
Date: 02/14/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s First Request for Production of Documents to Brevard HMA Hospice, LLC filed.
PDF:
Date: 02/14/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s First Request for Production of Documents to Hospice of the Treasure Coast Incorporated filed.
PDF:
Date: 02/14/2022
Proceedings: VNA Hospice of Indian River County, Inc.'s Notice of Serving First Set of Interrogatories to the Hospice of the Treasure Coast Incorporated filed.
PDF:
Date: 02/08/2022
Proceedings: Notice Regarding Proposed Exhibits.
PDF:
Date: 02/04/2022
Proceedings: Notice of Hearing by Zoom Conference (hearing set for April 21, 22, 25 through 29, May 2 through 5 and 23 through 25, 2022; 9:00 a.m., Eastern Time).
PDF:
Date: 02/04/2022
Proceedings: Order of Consolidation (DOAH Case Nos. 22-0209 and 22-0210)
Date: 02/03/2022
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 02/01/2022
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/24/2022
Proceedings: Granted Applicant Brevard HMA Hospice, LLC's Cross-Petition for Formal Administrative Hearing Supporting the Agency for Health Care Administration's Approval of Brevard HMA Hospice LLC's Application and Challenging the Denied Co-Batched Application of Hospice of the Treasure Coast Incorporated and Motion to Consolidated filed.
PDF:
Date: 01/24/2022
Proceedings: Notice of Appearance (Susan Smith) filed.
PDF:
Date: 01/24/2022
Proceedings: Notice of Appearance (Sabrina Dieguez) filed.
PDF:
Date: 01/24/2022
Proceedings: Notice of Appearance (Geoffrey Smith) filed.
PDF:
Date: 01/24/2022
Proceedings: Initial Order.
PDF:
Date: 01/20/2022
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/20/2022
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 01/20/2022
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
01/20/2022
Date Assignment:
01/24/2022
Last Docket Entry:
08/12/2022
Location:
Fort Pierce, Florida
District:
Southern
Agency:
Other
Suffix:
CON
 

Counsels