22-000221CON Peoples Hospice And Palliative Care Of Florida, Llc vs. Florida Hospice, Llc, And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, March 14, 2022.

CON 10674 of St. Joseph Hospice Florida Panhandle, LLC ("St. Joseph").

1. On August 31, 2021, the Agency announced a fixed need pool for one additional

hospice program in Hospice Service Area 1, Escambia, Okaloosa, Santa Rosa, and Walton

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

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

31, 2021).

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

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

The applicants included Florida Hospice (CON 10670), Peoples (CON 10672), PruittHealth (CON

10673), St. Joseph (CON 10674), and others.

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

remaining co-batched applicants.

4. The Agency published a notice of its preliminary decisions to approve CON 10672

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

47, Number 244, December 20, 2021.

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

formal hearing contesting the Agency's preliminary approval of CON 1 06 72 and the preliminary

denials of CON 10670, CON 10673 and CON 10674, respectively.

6. In response, Peoples filed a Cross-Petition for Formal Administrative Proceedings

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

denials of CON 10670, CON 10673 and CON 10674.

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

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

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

Petition.

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

Petition.

I 0. On December 23, 2022, the Administrative Law Judge entered an Order Severing

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

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

11. The Agency entered a Final Order upholding the denial of the CONs sought by

Florida Hospice and PruittHealth.

12. On March 7, 2022, St. Joseph filed a Notice ofVoluntary Dismissal and withdrawal

of its Petition.

13. On March 9, 2022, the Administrative Law Judge entered an Order Severing Case,

Closing File, and Relinquishing Jurisdiction with respect to St. Joseph (DOAH Case No. 22-

0223CON).

14. At this point, all three challenges to Peoples' CON were dismissed and the only

matter that remained pending was Peoples' Cross-Petition against the three challengers.

15. On March 11, 2022, Peoples filed a Motion for Clarification of the March 9, 2022,

Order directed to the Cross-Petition.

16. On March 14, 2022, the Administrative Law Judge entered an Order Closing File

and Relinquishing Jurisdiction

It is therefore, ORDERED

I. The denial of CON 10674 filed by St. Joseph, AHCA Case No. 2022000373, is

upheld.

2. The approval of CON 10672 filed by Peo;3 is upheld. . _ /.

ORDERED in Tallahassee, Florida, on thQ3 day of_WV:\\]_----'._VU/\\_----'"-----' 2022.

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 ofthe 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 of

2022

Richar oop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, FL 32308

Telephone: [phone]

Copies furnished:

Division of Administrative Hearings

(Electronic Filing)

Seann Frazier, Esquire

Kristen Dobson, Esquire

Parker Hudson Rainer & Dobbs

215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

[e-mail]

[e-mail]

William Hall, Esquire

Dean Mead & Dunbar

106 East College Avenue, Suite 1200

Tallahassee, Florida 32301

[e-mail]

[e-mail]

Marc Ito, Esquire

Jamie Ito, Esquire

Law Office of Marc Ito

411 Wilson A venue

Tallahassee, Florida 32303

[e-mail]

[e-mail]

Geoffrey Smith, Esquire

Smith & Associates

709 South Harbor City Boulevard, Suite 540

Melbourne, Florida 32901

[e-mail]

[e-mail]

Richard J. Saliba, Esquire

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Erin Bailey, Unit Manager

James McLemore, Consultant

Certificate of Need 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)