SU AT STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION ,, VITAS HEALTHCARE CORPORATION roe OF CENTRAL FLORIDA; WUESTHOFF CASE NO.: 96-1401 HEALTH SERVICES, INC. 96-4077 CH 96-4078 Petitioners, 96-4079 CON NO.: 8406, 8407 vs. RENDITION NO.: AHCA-97-0800 -FOF-CON 2. STATE OF FLORIDA, AGENCY FOR 2 FN HEALTH CARE ADMINISTRATION; JLI- Close dd, be @ SE HOSPICE INTEGRATED HEALTH Ez im SERVICES OF DISTRICT VI-B, INC., CB By “, La Respondents. Eee. %, / Pe 8, FINAL ORDER This cause came on before me for the purpose of issuing a final agency order. The Administrative Law Judge assigned by the Division of Administrative Hearings (DOAH) in the above-styled case submitted a Recommended Order to the Agency for Health Care Administration (AHCA). The Recommended Order entered May 6, 1997, by Administrative Law Judge J. Lawrence Johnston is incorporated by reference. RULING ON EXCEPTIONS BY VITAS AND WUESTHOFF Findings of fact stated in the following paragraphs are challenged in whole or in part as follows: Vitas, paragraphs 25, 26, 28, 30, and 89; Wuesthoff, paragraphs 31, 59, 60, 69, 82, 83, 85, 93, 94, 95, 97, 99, 100, 101, 102, 103, 105, 108, 110, 112, 113, 116, 122, 126, 131, 152, 136, 139, 140 (The exception addresses the two sequential paragraphs which are designated as 140), 142, 143, 144, 146, 148, 150, 151, 156, 158, 159, and 180. At this level of review the agency has no authority to reweigh the evidence. The challenged findings are supported by competent, substantial. evidence, therefore, the exceptions are denied. Heifetz vs. Department of Business Regulation, 475 So2d 1277, 1281 (Fla. ist DCA 1985). Additionally, Vitas maintains that the ALJ implicitly treated the fixed need pool number as establishing a conclusive presumption of need. The ALJ discussed and considered at length the various review criteria. I concur with the ALJ’s weighing of the review criteria. The exception is denied. | FINDINGS OF FACT The agency hereby adopts and incorporates by reference the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW The agency hereby adopts and incorporates by reference the conclusions of law set forth in the Recommended Order. Based upon the foregoing, it is ADJUDGED, that the application for CON 8406 by Hospice Integrated be GRANTED and that the application for CON 8407 by Wuesthoff be DENIED. DONE and ORDERED this |{_ day of 1__, 1997, in Tallahassee, Florida. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Qe Cel Douglas M. Cook, Director ~2- A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS _ ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: J. Lawrence Johnston David C. Ashburn, Esquire Administrative Law Judge DOAH, The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 J. Robert Griffin, Esquire J. Robert Griffin & Associates, P. A. 2559 Shiloh Way Gunster, Yoakley, Valdes~Fauli & Stewart, P. A. 515 North Adams Street Tallahassee, FL 32301 Richard Patterson, Esquire Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Tallahassee, FL 32308 Fort Knox Building III Thomas F. Panza, Esquire Tallahassee, FL 32308-5403 Seann M. Frazier, Esquire Panza, Maurer, Maynard & Neel NationsBank Building, 3rd Floor 3600 North Federal Highway Fort Lauderdale, FL 33308 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has begn furnished to the above named addresses by U. S. Mail this Je day of , 1997. Elfie Stamm (AHCA/CON) R. S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, FL 32308-5403 3

Docket for Case No: 96-004077CON

Orders for Case No: 96-004077CON