22-002150CON Florida Hospice, Llc 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, July 26, 2022.

CON application and the approval of Affinity's CON application. Affinity filed a petition in

support of the approval of its CON application and in opposition of any other comparatively

reviewed CON application. An existing hospice provider, Tidewell Hospice, Inc. d/b/a Tidewell

Empath Hospice ( .. Tidewell .. ), filed a petition denying that any need exists in the service area and

opposing the approval of any CON application.

3. The petitions were referred to the Division of Administrative Hearings, where they

were consolidated for hearing.

4. On July 25, 2022, Florida Hospice filed a notice of voluntary dismissal of its

petition.

5. On July 26, 2022, the Administrative Law Judge entered an Order of Dismissal

with Respect to Claims Brought by Florida Hospice.

Therefore, it is ORDERED that:

A. The denial of Florida Hospice·s CON Application No. I 0715 is UPHELD.

B. The remaining petitions concerning the approval of CON Application No. 10714

of Affinity and the other denial remain pending at the Division of Administrative Hearings.

ORDERED in Tallahassee, Florida this I s;rday of 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 of the order to be reviewed.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to

the persons named below via electronic mail on this 6ay of -6 2022,

Rich oop, 1cy Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Telephone: [phone]

William Dean Hall, Ill, Esquire

John L. Wharton, Esquire

J ordane Wong, Esquire

Dean Mead & Dunbar

106 East College Avenue. Suite 1200

Tallahassee, FL 3230 I

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Seann M. Frazier, Esquire

Kristin Bond Dobson, Esquire

215 South Monroe Street

Tallahassee, Florida 32301

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Kdohson({t'phrd.com

Geoffrey D. Smith, Esquire

Susan C. Smith. Esquire

Sabrina B. Dieguez, Esquire

Smith & Associates

709 South Harbor city Boulevard .. Suite 540

Melboume, Florida 3290 I

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Stephen A. Ecenia. Esquire

Gabriel F.V. Warren. Esquire

Rutledge Ecenia. P.A.

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Julia E. Smith, Senior Attorney

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

D. Carlton Enfinger, IL Senior Attorney

Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Brian 0. Smith, Bureau Chief

Long Tenn Care Services Unit

Bureau of Health Facility Regulation

Agency for Health Care Administration

(Electronic Mail)

Erin Bailey, Unit Manager

CeJiiflcate of Need and Commercial Managed Care Unit

Bureau ofHealth Facility Regulation

Agency for Health Care Administrator

(Electronic Mail)

James McLemore

Operations and Management Consultant Manager

Certificate of Need and Commercial Managed Care Unit

Bureau of Health Facility Regulation

Agency for Health Care Administrator

(Electronic Mail)

Facilities Intake Unit

Agency for Health Care Administration

(Electronic Mail)

Central Intake Unit

Agency for Health Care Administration

(Electronic Mail)