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22-000220CON Florida Hospice, Llc vs. Peoples Hospice And Palliative Care Of Florida, Llc; And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 23, 2022.

View Dockets  

11. On August 31, 202 I, the Agency announced a fixed need pool for one additional

17hospice program in Hospice Service Area I, Escambia, Okaloosa, Santa Rosa, and Walton

30Counties, Florida, on the applications for the Hospital Facilities and Hospice hatching cycle with

44an application due date of September 29,2021. See 47 Fla. Admin. Reg. No. 169, p. 4000 (Aug.

6231' 2021 ).

652. Multiple applicants filed competing CON applications in response to the fixed need

78pool, each seeking approval to establish a new hospice program in Hospice Service District I.

93The applicants included Florida Hospice (CON 1 0670), Peoples (CON 1 0672), PruittHealth (CON

10710673), St. Joseph (CON 10674), and others.

1143. On December 17, 2021, the Agency approved Peoples' CON 10672 and denied the

128remaining co-hatched applicants.

1314. The Agency published a notice of its preliminary decisions to approve CON I 0672

146and deny the remaining co-hatched applicants in the Florida Administrative Register. Volume

15847, Number 244, December 20,2021.

1645. Thereafter, Florida Hospice, PruittHealth and St. Joseph filed timely petitions for

176formal hearing contesting the Agency's preliminary approval of CON I 0672 and the preliminary

190denials ofCON 10670, CON 10673 and CON 10674, respectively.

1996. In response, Peoples filed a Cross-Petition for Fonnal Administrative Proceedings

210in support the Agency's preliminary approval of its CON 10672 and the Agency's preliminary

224denials ofCON 10670, CON 10673 and CON 10674.

2327. The Agency referred the matters to the Division of Administrative Hearings

244("DOAH"), where they were consolidated by the Administrative Law Judge.

2568. On February 15, 2022, PruittHealth filed a Notice of Voluntary Dismissal of its

270Petition.

2719. On February 16,2022, Florida Hospice filed a Notice ofVoluntary Dismissal of its

285Petition.

28610. On December 23, 2022, the Administrative Law Judge entered an Order Severing

299Case, Closing File, and Relinquishing Jurisdiction to the Agency with respect to Florida Hospice

313(DOAH Case No. 22-0220CON) and PruittHealth (DOAH Case No. 22-0222CON).

323It is therefore, ORDERED

3271. The denial of CON 10670 filed by Florida Hospice, AHCA Case No. 2022000559,

341is upheld.

3432. The denial of CON 10673 filed by PruittHealth, AHCA Case No. 2022000484, is

357upheld.

3583. The case in DOAH regarding the other petitions remain pending.

369ORDERED in Tallahassee, Florida, on day 2022

376NOTICE OF RIGHT TO JUDICIAL REVIEW

382A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

400instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

417along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

435where the Agency maintains its headquarters or where a party resides. Review of proceedings

449shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

465filed within 30 days of the rendition of the order to be reviewed.

478CERTIFICATE OF SERVICE

481I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

497furnished by the method designated to the persons named below on this of

5102022

511oop, Agency Jerk

514Agency for Health Care Administration

5192727 Mahan Drive

522Tallahassee, Florida 32308

525Telephone (850) 412-3630

528Copies furnished:

530Division of Administrative Hearings

534(Electronic Filing)

536Seann Frazier, Esquire

539Kristen Bond Dobson, Esquire

543215 South Monroe Street, Suite 750

549Tallahassee, Florida 32301

552srrazier@phrd.com

553kdobson@phrd.com

554sful@phrd.com

555(Electronic Mail)

557William Hall, Esquire

560106 East College Avenue, Suite 1200

566Tallahassee, Florida 32301

569whall@deanmead.com

570kthompson@deanmead.com

571(Electronic Mail)

573Marc Ito, Esquire

576411 Wilson A venue

580Tallahassee, Florida 32303

583marc@itolaw.net

584(Electronic Mail)

586Geoffrey Smith, Esquire

589709 South Harbor City Boulevard, Suite 540

596Melbourne, Florida 32901

599geoff@smithlawtlh.com

600dianne@smithlawtlh.com

601(Electronic Mail)

603Richard J. Saliba, Esquire

607JosephS. Schimming, Esquire

610Office of the General Counsel

615Agency for Health Care Administration

620(Electronic Mail)

622Erin Bailey, Unit Manager

626Certificate of Need Unit

630Agency for Health Care Administration

635(Electronic Mail)

637Brian 0. Smith, Acting Unit Manager

643Long Tenn Care Services Unit

648Agency for Health Care Administration

653(Electronic Mail)

655Facilities Intake Unit

658Agency for Health Care Administration

663(Electronic Mail)

665Central Intake Unit

668Agency for Health Care Administration

673(Electronic Mail)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/09/2022
Proceedings: Agency Final Order filed.
PDF:
Date: 03/07/2022
Proceedings: Agency Final Order
PDF:
Date: 02/23/2022
Proceedings: Order Severing Case, Closing File, and Relinquishing Jurisdiction. (DOAH Case No. 22-0222 is Severed and Closed.)
PDF:
Date: 02/23/2022
Proceedings: Order Severing Case, Closing File, and Relinquishing Jurisdiction. CASE CLOSED. (DOAH Case No. 22-0220 is Severed and Closed.
PDF:
Date: 02/16/2022
Proceedings: Proposed Order of Pre-Hearing Instructions filed.
PDF:
Date: 02/16/2022
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 02/15/2022
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 02/10/2022
Proceedings: Peoples Hospice and Palliative Care of Florida, LLC's First Request for Production of Documents to Florida Hospice, LLC filed.
PDF:
Date: 02/10/2022
Proceedings: Peoples Hospice and Palliative Care of Florida, LLC's First Set of Interrogatories to Florida Hospice, LLC filed.
PDF:
Date: 02/08/2022
Proceedings: Peoples Hospice and Palliative Care of Florida, LLC's Notice of Serving First Set of Interrogatories to St. Joseph Hospice Florida Panhandle, LLC filed.
PDF:
Date: 02/08/2022
Proceedings: Peoples Hospice and Palliative Care of Florida, LLC's First Request for Production of Documents to St. Joseph Hospice Florida Pamhandle, LLC filed.
PDF:
Date: 02/04/2022
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 02/04/2022
Proceedings: Notice of Hearing by Zoom Conference (hearing set for August 8 through 12, 15 through 19, 22 through 26 and August 29 through September 2, 2022; 9:00 a.m., Central Time).
PDF:
Date: 02/03/2022
Proceedings: Order of Consolidation (DOAH Case Nos. 22-0220, 22-0221, 22-0222, 22-0223)
PDF:
Date: 02/01/2022
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/25/2022
Proceedings: Notice of Appearance (Joseph Schimming) filed.
PDF:
Date: 01/24/2022
Proceedings: Initial Order.
PDF:
Date: 01/21/2022
Proceedings: Decisions on Batched Applications filed.
PDF:
Date: 01/21/2022
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/21/2022
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
G. W. CHISENHALL
Date Filed:
01/21/2022
Date Assignment:
01/24/2022
Last Docket Entry:
03/09/2022
Location:
Pensacola, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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