STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AT BIG BEND HOSPICE, INC., Petitioner, - ro ae DOAH CASE NO. 02-0455CON DEEN - CLO vs. AHCA CASE NO. 9475CON: RENDITION NO.: AHCA-03 AGENCY FOR HEALTH CARE ADMINISTRATION and COVENANT HOSPICE, INC., Respondents. COVENANT HOSPICE, INC., Petitioner, vs. DOAH CASE NO. 02-0880CON AHCA CASE NO. 9475CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. 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 November 7, 2002, is attached to this Final Order and incorporated herein by reference. PRELIMINARY STATEMENT These cases are closely related to DOAH case number 01-4415CON, and concern the Agency’s preliminary approval of Covenant’s CON application 9475. The issue in DOAH case number 01-4415 concerns the Agency’s determination that there was a numeric need for an additional hospice program in SA 2B. The issue in the instant cases is whether AHCA properly determined that there is a numeric need for one additional hospice program in SA 2B and, based on that need, properly approved Covenant’s application to establish one additional hospice program in SA 2B. All the cases were heard together, but the ALJ issued two recommended orders addressing the different issues involved. Consequently, the Agency will issue two final orders, one for each recommended order. ‘ RULING ON EXCEPTIONS , Big Bend filed one set of exceptions that stated they were directed at both recommended orders. All specific references in the exceptions are to findings of fact and conclusions of law in the recommended order pertaining to the instant case except for the exceptions to conclusions of law 54-71 in the companion case DOAH case number 01- 4415CON. Big Bend excepts to findings of fact 91, 99-103, 105, 117-128, 132-136, and 145-199. Examination of these exceptions shows that they are rearguments of Big Bend’s position at hearing, and that they invite the Agency to reweigh the evidence presented to the ALJ and make different findings. The findings of fact are based on competent, substantial evidence, and Big Bend’s exceptions thereto are, therefore, rejected. Big Bend excepts to conclusions of law 203-216. The Agency finds that the ALJ’s conclusions are in accordance with Agency interpretations of statute and rule, are legally correct, and are plainly based on findings of fact made by the ALJ. For these reasons, Big Bend’s exceptions thereto are rejected. FINDINGS OF FACT 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: Covenant’s CON application 9475, to establish an additional hospice program in SA 2B, is granted. DONE and ORDERED this 1% day of Merck , 2003, in Tallahassee, Florida. DOWS, MD., SECRETARY Agency fgr 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 THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A 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. Lee) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail, or by the method indicated, to the persons named below on this IG. day of Macc) , 2003. + ih , Chana Ueupctts Ape Lealand L. McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308-5403 COPIES FURNISHED TO: Suzanne F. Hood Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Michael O. Mathis, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 W. David Watkins, Esquire R.L. Caleen, Jr., Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 J. Robert Griffin, Esquire - Hor 2559-Shileh Way [4352 Radyort De. #210 Tallahassee, Florida 32308 423 (2. Elizabeth Dudek, Deputy Secretary Mail Stop #12 Wendy Adams Facilities Intake

Docket for Case No: 02-000455CON

Orders for Case No: 02-000455CON