The Palm Beach Post

Judge sides with HCA in hospital constructi­on fight in Doral area

Ruling comes amid debate on requiring certificat­es of need.

- By Jim Saunders News Service of Florida

TALLAHASSE­E — As Florida lawmakers look at eliminatin­g controvers­ial regulation­s on building hospitals, a judge has sided with the HCA health-care chain in an industry battle about adding a hospital in MiamiDade County.

Administra­tive Law Judge Robert Cohen, in an 80-page decision Thursday, said an HCA affiliate should receive what is known as a “certificat­e of need” to build the 80-bed Doral Medical Center. At the same time, Cohen rec- ommended rejecting a certificat­e of need for a competing hospital that would be part of the Jackson Health System.

Cohen came to a conclusion opposite of that of the state Agency for Health Care Administra­tion, which in December 2015 gave preliminar­y approval to the 100bed Jackson Hospital West project and turned down Doral Medical Center. Adding to the battle, hospitals in the Tenet Healthcare System and Nicklaus Children’s Hospital opposed both proposals.

“(Doral Medical Center) persu asively est abli shed need f or i t s hospit a l , i t s ability to meet its financial projection­s, its community and physician support, and demonstrat­ed, on balance, it better satisfied the statutory criteria than the ( Jackson) proposal,” Cohen wrote.

Under administra­tive law, Cohen’s recommende­d order will go back to the Agency for Health Care Administra­tion for a final decision.

The ruling came amid a high-profile legislativ­e debate about the possibilit­y of eliminatin­g the certificat­e-of-need process for hospitals, nursing homes and hospice facilities. Under the regulatory process, the Agency for Health Care Administra­tion must sign off before such facilities can be built — frequently leading to legal fights.

House leaders in recent years have sought to end cer tific ate s of need, saying the move would create greater competitio­n in the health c are industry and more access to care. But supporters of the regulatory process argue, in part, that its eliminatio­n would lead to a proliferat­ion of new hospitals in affluent areas that would draw insured patients away from establishe­d facilities.

Both of the proposed hospitals in Thursday’s ruling would be built in Doral in western Miami-Dade County.

The Jackson Health System is a major provider of care to low-income residents. Cohen wrote that the Agency for Health Care Administra­tion’s preliminar­y approval of the Jackson Hospital West proposal was based on the system’s provision of care to people in the Medicaid program and indigent patients.

 ?? RICHARD GRAULICH / THE PALM BEACH POST 2016 ?? Kids join a protest at Florida Power and Light Co.’s Juno Beach headquarte­rs in October against the Sabal Trail Pipeline, which would carry fracked gas through several Florida counties.
RICHARD GRAULICH / THE PALM BEACH POST 2016 Kids join a protest at Florida Power and Light Co.’s Juno Beach headquarte­rs in October against the Sabal Trail Pipeline, which would carry fracked gas through several Florida counties.

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