22-000223CON St. Joseph Hospice Florida Panhandle, Llc vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 9, 2022.


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1CON 10674 of St. Joseph Hospice Florida Panhandle, LLC ("St. Joseph").

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

29hospice program in Hospice Service Area 1, Escambia, Okaloosa, Santa Rosa, and Walton

42Counties, Florida, on the applications for the Hospital Facilities and Hospice batching cycle with

56an application due date of September 29,2021. See 47 Fla. Admin. Reg. No. 169, p. 4000 (Aug.

7431, 2021).

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

89pool, each seeking approval to establish a new hospice program in Hospice Service District 1.

104The applicants included Florida Hospice (CON 10670), Peoples (CON 10672), PruittHealth (CON

11610673), St. Joseph (CON 10674), and others.

1233. On December 17,2021, the Agency approved Peoples' CON 10672 and denied the

137remaining co-batched applicants.

1404. The Agency published a notice of its preliminary decisions to approve CON 10672

154and deny the remaining co-batched applicants in the Florida Administrative Register. Volume

16647, Number 244, December 20, 2021.

1725. Thereafter, Florida Hospice, PruittHealth and St. Joseph filed timely petitions for

184formal hearing contesting the Agency's preliminary approval of CON 1 06 72 and the preliminary

199denials of CON 10670, CON 10673 and CON 10674, respectively.

2096. In response, Peoples filed a Cross-Petition for Formal Administrative Proceedings

220in support the Agency's preliminary approval of its CON 10672 and the Agency's preliminary

234denials of CON 10670, CON 10673 and CON 10674.

2437. The Agency referred the matters to the Division of Administrative Hearings

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

2678. On February 15, 2022, PruittHealth filed a Notice of Voluntary Dismissal of its

281Petition.

2829. On February 16,2022, Florida Hospice filed a Notice ofVoluntary Dismissal of its

296Petition.

297I 0. On December 23, 2022, the Administrative Law Judge entered an Order Severing

311Case, Closing File, and Relinquishing Jurisdiction to the Agency with respect to Florida Hospice

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

33511. The Agency entered a Final Order upholding the denial of the CONs sought by

350Florida Hospice and PruittHealth.

35412. On March 7, 2022, St. Joseph filed a Notice ofVoluntary Dismissal and withdrawal

368of its Petition.

37113. On March 9, 2022, the Administrative Law Judge entered an Order Severing Case,

385Closing File, and Relinquishing Jurisdiction with respect to St. Joseph (DOAH Case No. 22-

3990223CON).

40014. At this point, all three challenges to Peoples' CON were dismissed and the only

415matter that remained pending was Peoples' Cross-Petition against the three challengers.

42615. On March 11, 2022, Peoples filed a Motion for Clarification of the March 9, 2022,

442Order directed to the Cross-Petition.

44716. On March 14, 2022, the Administrative Law Judge entered an Order Closing File

461and Relinquishing Jurisdiction

464It is therefore, ORDERED

468I. The denial of CON 10674 filed by St. Joseph, AHCA Case No. 2022000373, is

483upheld.

4842. The approval of CON 10672 filed by Peo;3 is upheld. . _ /.

499ORDERED in Tallahassee, Florida, on thQ3 day of_WV:\\]_----'._VU/\\_----'"-----' 2022.

509NOTICE OF RIGHT TO JUDICIAL REVIEW

515A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

533instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

550along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

568where the Agency maintains its headquarters or where a party resides. Review of proceedings

582shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

598filed within 30 days of the rendition ofthe order to be reviewed.

610CERTIFICATE OF SERVICE

613I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

629furnished by the method designated to the persons named below on this of

6422022

643Richar oop, Agency Clerk

647Agency for Health Care Administration

6522727 Mahan Drive, MS #3

657Tallahassee, FL 32308

660Telephone: (850) 412-3630

663Copies furnished:

665Division of Administrative Hearings

669(Electronic Filing)

671Seann Frazier, Esquire

674Kristen Dobson, Esquire

677Parker Hudson Rainer & Dobbs

682215 South Monroe Street, Suite 750

688Tallahassee, Florida 32301

691sfrazier@phrd.com

692sful@phrd.com

693William Hall, Esquire

696Dean Mead & Dunbar

700106 East College Avenue, Suite 1200

706Tallahassee, Florida 32301

709whall@deanmead.com

710kthompson@deanmead.com

711Marc Ito, Esquire

714Jamie Ito, Esquire

717Law Office of Marc Ito

722411 Wilson A venue

726Tallahassee, Florida 32303

729marc@itolaw.net

730Jamie@itolaw.net

731Geoffrey Smith, Esquire

734Smith & Associates

737709 South Harbor City Boulevard, Suite 540

744Melbourne, Florida 32901

747geoff@smithlawtlh.com

748dianne@smithlawtlh.com

749Richard J. Saliba, Esquire

753Office of the General Counsel

758Agency for Health Care Administration

763(Electronic Mail)

765Erin Bailey, Unit Manager

769James McLemore, Consultant

772Certificate of Need Unit

776Agency for Health Care Administration

781(Electronic Mail)

783Bernard E. Hudson, Unit Manager

788Long Term Care Services Unit

793Agency for Health Care Administration

798(Electronic Mail)

800Facilities Intake Unit

803Agency for Health Care Administration

808(Electronic Mail)

810Central Intake Unit

813Agency for Health Care Administration

818(Electronic Mail)

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/28/2022
Proceedings: Agency Final Order filed.
PDF:
Date: 03/25/2022
Proceedings: Agency Final Order
PDF:
Date: 03/09/2022
Proceedings: Order Severing Case, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 03/07/2022
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 02/24/2022
Proceedings: Order of Pre-hearing Instructions.
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. (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: 01/24/2022
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:
03/28/2022
Location:
Pensacola, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels