Whether, on balance, Certificate of Need (CON) Application No. 10945 submitted by Encompass Health Rehabilitation Hospital of Escambia County, LLC (Encompass or Petitioner) to establish a 50-bed comprehensive medical rehabilitation hospital in Service District 1 satisfies the applicable statutory and rule criteria and should be approved or denied.Petitioner failed to prove "special circumstances" necessary for approval of its CON application for a new 50-bed comprehensive medical rehabilitation freestanding hospital in service District 1, when there was a fixed need pool of zero.

STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR 2021 JUN -2 A 11: 414 HEALTH CARE ADMINISTRATION, Petitioner, AHCA NO.: 2019009484 V. RENDITION NO.: AHCA-a t - ( 7] L -S-OLC PALMS BIRTH CENTER, LLC, Respondent. FINAL ORDER Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. ( Ex. 1) The parties have since entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final Order. ( Ex. 2) 2. The Respondent shall pay the Agency $500.00. The action seeking license revocation is withdrawn. If full payment has been made, the cancelled check acts as receipt of payment and no further paymentisrequired. Iffullpaymenthasnotbeenmade, paymentisduewithin30daysoftheFinalOrder. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the " Agency for Health Care Administration" and containing the AHCA ten -digit case number should be sent to: Central Intake Unit Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 61 Tallahassee, Florida 32308 ORDERED at Tallahassee, Florida, on this . , day of , 2021. Kimberly % Smoak, Acting Deputy Secretary Agency fo Health Care Administration 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 one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as prescribed by law, with the District Court ofAppeal 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 rendition ofthe order to be reviewed. CERTIFICATE OF SERVICE I CERTIFY that a true and corr~ct of this Final Order was served on the below-named c persons by the method designated on this ay of --; ~ , 2021 ......... Richa: oop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 Telephone: (850) 412-3630 Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) Central Intake Unit Agency for Health Care Administration (Electronic Mail) D. Carlton Enfinger, Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) Max R. Price, Esquire Law Offices of Max R. Price, P .A. 6701 Sunset Drive, Suite 104 Miami, Florida 33143 mprice@pricelegal.com (Electronic Mail) 2