NOTICE IS HEREBY GIVEN that on January 23, 2009, the Agency For Healthcare Administration has issued an order.
The Final Order is Denying Emergency Petition for Variance from or Waiver of paragraph 59C-1.018(3)(c), F.A.C., Termination of Certificate of Need.
The Order concerned the Petition for Waiver or Variance, filed on December 24, 2008, by Miami Jewish Home and Hospital for the Aged, Inc. The Notice of Petition for Waiver or Variance was published on p. 206 of Vol. 35, No. 2, of the January 16, 2009, F.A.W. Petitioner requested a variance from or waiver of paragraph 59C-1.018(3)(c), F.A.C. This rule is related to the 60 day extension of the validity period of a certificate of need (CON) in the event the holder of the CON files written request at least 15 calendar days prior to the termination date and upon submission of a transfer application by the proposed transferee. The petition sought a variance from or waiver of the 15 day prior notice requirement of this rule.
The Agency notified the applicant that the CON had terminated in correspondence dated January 5, 2009, and issued a Final Order on the Emergency Petition on January 23, 2009. The basis for the Agency’s denial of the petition is the failure of the petitioner to establish that the requirements for a variance or waiver under Section 120.542(2), F.S., had been met.
A copy of the Order may be obtained by contacting: Lorraine M. Novak, Assistant General Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, novakl@ahca.myflorida.com, (850)922-5873.