STATE OF FLORIDA road AGENCY FOR HEALTH CARE ADMINISTRATION HOSPICE BY THE SEA, INC., Petitioner, vs. Case No. 00-3222 7 AHCA Rendition No. _92-O11L1-FOF-CON AGENCY FOR HEALTH CARE CON 9333 ADMINISTRATION AND CATHOLIC HOSPICE, INC., Respondents. VITAS HEALTHCARE CORPORATION, Petitioner, vs. Case No. 00-3223 AGENCY FOR HEALTH CARE ADMINISTRATION AND CATHOLIC HOSPICE, INC., Respondents. / in HOSPICE CARE OF BROWARD COUNTY, INC., Petitioner, vs. Case No. 00-3224 AGENCY FOR HEALTH CARE ADMINISTRATION AND CATHOLIC HOSPICE, INC., Respondents. / FINAL ORDER This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of July 13, 2001, is attached to this Final Order, and incorporated herein by reference except as noted in the rulings on excéptions. RULING ON EXCEPTIONS Catholic Hospice filed twenty (20) exceptions to the Recommended Order. Exceptions 3, 4, 5, 6, 8, 10, 15, 16, and 17 challenge the Recommended Order on grounds of relevancy, motivation and incomplete analysis. None of these grounds, however, constitute a legal basis upon which an Agency may reject an ALJ’s findings of fact. See Section 120.57(1)(I), Fla. Stat.; Heifetz v. Department of Business Regulation, 475 So. 2d 1277 (Fla. 1* DCA 1985). The exceptions are denied. Meanwhile, exceptions 1, 2, 11, 14, and 20, implicitly challenge the ALJ’s refusal to focus primarily on population in making her determination of whether a need exists for additional hospice services in Broward County. The ALJ’s willingness to consider factors in addition to population, however, was not inappropriate. See Heifetz. These exceptions are also denied. Exceptions 7 and 9 are accepted, but the Agency’s acceptance of those exceptions does not provide enough legal basis upon which to reject the conclusions of law challenged by Exceptions 12, 13, 16, 17, 18 and 19. Exceptions 12, 13, 16, 17, 18 and 19 are denied. FINDINGS OF FACT Except as herein noted, the Agency adopts the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. IT IS THEREFORE ADJUDGED THAT: The application of Catholic Hospice, Inc., for Certificate of Need Number 9333 is denied. DONE and ORDERED this (4. day of Shc \ , 2002, in Tallahassee, Florida. RHONDA M. MEDOWS, MD., SECRETARY Agengy for 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 THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tre and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 73 day of A pol he , 2002. Virginla Daire, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, FL 32308-5403 COPIES FURNISHED TO: Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, FL 32301 Geoffrey D. Smith, Esquire Steven E. Cole, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, FL 32302-3068 Stephen A. Ecenia, Esquire R. David Prescott, Esquire Thomas W. Konrad, Esquire Rutledge, Ecenia, Purnell and Hoffman, P.A. 215 South Monroe Street Suite 420 Post Office Box 551 Tallahassee, FL 323302-0551 Theodore E. Mack, Esquire Powell & Mack 803 North Calhoun Street Tallahassee, FL 32303 Richard A. Patterson, Esquire c/o Tracey Cottle, Chief Facilities Counsel Agency for Health Care Administration 2727 Mahan Drive Ft. Knox Building Three, Suite 3431 Tallahassee, FL 32308-5403 Elizabeth Dudek, Deputy Secretary AHCA- Mail Stop #6

Docket for Case No: 00-003223CON

Orders for Case No: 00-003223CON