22-000241CON Affinity Care Of Central Florida, Llc vs. Empath Hospice, Llc And Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, April 8, 2022.

pool, each seeking approval to establish a new hospice program in Hospice Service District 6B.

The applicants included Affinity (CON 10685), Empath (CON 10687), Florida Hospice, LLC

('"Florida Hospice") (CON 1 0688), Seasons Hospice and Palliative Care of Central Florida

('"Seasons") (CON 1 0692 ), and others.

3. On December 17, 2021, the Agency preliminary approved the Empath's CON

10687 and denied all the other co-batch applications, including Affinity's CON 10685.

4. On December 20, 2021, the Agency published notice of its preliminary decisions

approving CON 10687 and denying the remaining co-batch applications. See Fla. Admin. Reg.,

Vol. 47, No. 244, pp. 5763-5766 (Dec. 20, 2021).

5. Thereafter, Affinity, Florida Hospice and Seasons filed petitions for formal hearing

contesting the Agency's preliminary approval of CON 10687 and the preliminary denials of their

respective CON applications.

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

in support the Agency's preliminary approval of its CON 1 0687 and the Agency's preliminary

denials of the co-hatched CON applications.

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

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

8. On April 8, 2022, Affinity filed a Notice of Voluntary Dismissal of its Petition.

9. On April 8, 2022, the Administrative Law Judge entered an Order Severing Cases,

Closing File and Relinquishing Jurisdiction to the Agency with respect to this one case.

It is therefore, ORDERED

1. The denial of CON 10685, filed by Affinity, AHCA No. 2022000449, is upheld.

2. The cases in DOAH regarding the other petitions remain pending.

ORDERED in Tallahassee, Florida, on day _____ , 2022

ak, Deputy Secretary

th Care Administration

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 of the 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

-Yifx=-· ____:_/__,____/ __ , 2022.

Richar . hoop, Agency Clerk

Agency for Health Care Administration

Copies furnished:

Division of Administrative Hearings

(Electronic Filing)

Seann Frazier, Esquire

Kristen Bond Dobson, Esquire

Parker, Hudson, Rainer & Dobbs, LLP

215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

[e-mail]

[e-mail]

[e-mail]

(Electronic Mail)

Geoffrey Smith, Esquire

Smith & Associates

709 South Harbor City Boulevard, Suite 540

Melboume, Florida 32901

[e-mail]

[e-mail]

(Electronic Mail)

Karl David Acuff, Esquire

Law Offices ofKarl David Acuff, P.A.

1615 Village Square Blvd., Suite 2

Tallahassee, Florida 32309

Kd _ [e-mail]

Richard J. Saliba, Esquire

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Erin Bailey, Unit Manager

Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)

Bemard E. Hudson, Unit Manager

Long Tenn 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)