An administrative law judge has denied a request by Nemours Children’s Hospital to intervene in a battle over a proposed state rule about approving organ-transplant programs.
Nemours last week filed a motion to intervene to support the proposed rule, which was issued in August by the state Agency for Health Care Administration.
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But Administrative Law Judge Jordan Pratt on Thursday rejected the motion, saying Nemours had not established legal standing because it had not shown it would be “substantially affected” by the proposed rule.
Pratt wrote in an order that Nemours indicated it is a licensed children’s hospital, that it previously sought approval to provide transplant services through what was known as a “certificate of need” program and that it took part in the rule-making process.
“However, none of these allegations show a sufficiently real and immediate injury in fact,” Pratt wrote. “Licensure as a specialty children’s hospital in Florida is distinct from licensure as an organ transplant program in Florida. Participating in a negotiated rulemaking process as an interested person is distinct from being a person substantially affected by a proposed rule. Seeking approval in the past to provide organ transplantation services pursuant to a certificate of need is distinct from seeking approval to provide organ transplantation services pursuant to a proposed rule.”
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Tampa General Hospital, UF Health Shands Hospital in Gainesville and Jackson Memorial Hospital in Miami filed challenges last month to the rule, alleging it does not include adequate safeguards for quality of care.
Memorial Healthcare System in Broward County and AdventHealth Orlando, which provide transplant services, have been approved to intervene to support the proposed rule.
Pratt’s order Thursday was “without prejudice,” a legal phrase that leaves open the possibility Nemours could file a revised motion to intervene.
