SHANDS JACKSONVILLE MEDICAL CENTER, INC. ETC.
v.
STATE OF FLORIDA, DEPT. OF HEALTH
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A hospital cannot challenge the deferral of need analysis to the final selection phase, the Department of Health's authorization for provisional operations, or the need determination when the challenged facility has already commenced operations, rendering the issue moot.
[1] A challenge to the preliminary operation of a medical facility becomes moot once the facility has commenced operations and the administrative proceedings have concluded.
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Join FLexlaw to unlock all legal intelligenceShands Jacksonville Medical Center appealed the Department of Health's approval of Orange Park Medical Center's provisional trauma center application.…
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_____________________________ On appeal from final order of the Department of Health. W. David Watkins, Administrative Law Judge.
November 30, 2018 PER CURIAM.
Shands Jacksonville Medical Center, Inc., appeals from the order approving the provisional trauma center application of Orange Park Medical Center, Inc., asserting three issues: (a) that the need for the new trauma center may not be deferred until the final selection phase of the process; (b) that the Department of Health was operating pursuant to an unadopted rule; and (c) that the Department erred in allowing the new trauma center to begin its operations prior to the completion of Shands’ administrative challenge. As to issue (a), we affirm based on State, Dep't of Health
2
v. Bayfront HMA Med. Ctr., LLC, 236 So. 3d 466 (Fla. 1st DCA Jan. 2, 2018). As to issue (b), we affirm based on State, Dep't of Health v. Shands Jacksonville Medical Center, No. 1D17-1713 (Fla. 1st DCA Nov. 13, 2018). As to issue (c), we conclude that the matter is moot.
AFFIRMED in part; DISMISSED in part.
WETHERELL, MAKAR, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.