22-002149CON
Vitas Healthcare Corporation Of Florida vs.
Affinity Care Of Charlotte And De Soto, Llc And Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 30, 2022.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 30, 2022.
1Administrative Hearings ("DOAH") for fonnal administrative hearing, where it was consolidated
14with other petitions filed concerning the hatching cycle.
223. Thereafter, on August 29, 2022, VITAS filed a Notice of Voluntary Dismissal of
36its petition and on August 30, 2022, an order dismissing the VITAS petition and closing the file
53and amending the style of the remaining consolidate petitions was entered.
64Therefore, it is ORDERED that:
69A. The denial ofVITAS' CON Application No. 10716 is UPHELD.
79B. The remaining petitions concerning the approval of CON Application No. 10714
91remain pending at DOAH.
95ORDERED in Tallahassee, Florida day '2022.
101Kimbe R. Smoak, Deputy Secretary
106Agency for Health Care Administration
111NOTICE OF RIGHT TO JUDICIAL REVIEW
117A party who is adversely affected by this Final Order is entitled to judicial review, which shall be
135instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy
152along with the filing fee prescribed by law with the District Court of Appeal in the appellate district
170where the Agency maintains its headquarters or where a party resides. Review of proceedings shall
185be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed
201within 30 days of the rendition of the order to be reviewed.
213CERTIFICATE OF SERVICE
216I HEREBY CERTIFY that a true and correct copy of the foregoing was served to
231the persons named below via electronic mail on this
240oop, Agency Clerk
243Agency for Health Care Administration
2482727 Mahan Drive, Mail Stop 3
254Tallahassee, Florida 32308-5403
257Telephone: (850) 412-3630
260Seann M Frazier, Esquire
264Kristen Bond Dobson, Esquire
268Parker Hudson Rainer & Dobbs, LLC
274215 South Monroe Street, Suite 750
280Tallahassee, Florida 32301
283sfrazicr(Cllphrd. com
285kdobson@phrd.com
286Stephen A. Ecenia, Esquire
290Gabriel F. V. Warren, Esquire
295Rutledge Ecenia
297119 South Monroe Street, Suite 202
303Tallahassee, Florida 32301
306Steve@rutledge-ecenia.com
307gwarren@rutledge-ecenia.com
308Julia E. Smith, Esquire
312Carlton Enfinger, Esquire
315Agency for Health Care Administration
3202727 Mahan Drive, Building 3, MS 3
327Tallahassee, Florida 32308
330Julia.Smith@ahca.myflorida.com
331Carlton.Enfinger@ahca.myflorida.com
332(Electronic Mail)
334Brian 0. Smith, Bureau Chief
339Long Tenn Care Services Unit
344Bureau of Health Facility Regulation
349Agency for Health Care Administration
354Erin Bailey, Unit Manager
358Certificate of Need and Commercial Managed Care Unit
366Bureau ofHealth Facility Regulation
370Agency for Health Care Administrator
375James McLemore
377Operations and Management Consultant Manager
382Cetiificate ofNeed and Commercial Managed Care Unit
389Bureau of Health Facility Regulation
394Agency for Health Care Administrator
399Facilities Intake Unit
402Agency for Health Care Administration
407Central Intake Unit
410Agency for Health Care Administration
- Date
- Proceedings
- PDF:
- Date: 08/30/2022
- Proceedings: Order of Dismissal with Respect to Claims Brought By Vitas Healthcare Corporation of Florida. CASE CLOSED.
- PDF:
- Date: 08/22/2022
- Proceedings: Notice of Filing Proposed Order of Pre-Hearing Instructions filed.
- PDF:
- Date: 08/09/2022
- Proceedings: Unopposed Motion for Extension of Time to Submit a Proposed Order of Pre-Hearing Instructions filed.
- PDF:
- Date: 07/27/2022
- Proceedings: Notice of Hearing by Zoom Conference (hearing set for January 23 through 27, 30 through February 3 and 6 through 10, 2023; 9:30 a.m., Eastern Time).
- Date: 07/26/2022
- Proceedings: CASE STATUS: Status Conference Held.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's First Request for Production of Documents to VITAS Healthcare Corporation of Florida filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's Notice of Serving First Interrogatories to VITAS Healthcare Corporation of Florida filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's First Request for Production of Documents to Florida Hospice, LLC filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Notice of Serving First Interrogatories to Florida Hospice, LLC filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's Notice of Serving First Set of Interrogatories to AHCA filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's First Request for Production of documents to AHCA filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's First Request for Production of Documents to Affinity Care of Charlotte and De Soto, LLC filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Tidewell's Notice of Serving First Interrogatories to Affinity Care of Charlotte and De Soto, LLC filed.
- PDF:
- Date: 07/25/2022
- Proceedings: Notice of Telephonic Scheduling Conference (scheduling conference set for July 26, 2022; 9:30 a.m., Eastern Time).
- PDF:
- Date: 07/22/2022
- Proceedings: Order of Consolidation (DOAH Case Nos. 22-2149, 22-2150, 22-2152, 22-2153)
Case Information
- Judge:
- LISA SHEARER NELSON
- Date Filed:
- 07/19/2022
- Date Assignment:
- 07/21/2022
- Last Docket Entry:
- 09/08/2022
- Location:
- Sarasota, Florida
- District:
- Middle
- Agency:
- Other
- Suffix:
- CON
Counsels
-
Sabrina B. Dieguez, Esquire
Address of Record -
Kristen Bond Dobson, Esquire
Address of Record -
Stephen A. Ecenia, Esquire
Address of Record -
Seann M. Frazier, Esquire
Address of Record -
Patti Greenberg
Address of Record -
Julia Elizabeth Smith, Esquire
Address of Record -
Geoffrey D. Smith, Esquire
Address of Record -
Susan Crystal Smith, Esquire
Address of Record -
Gabriel F.V. Warren, Esquire
Address of Record