2-5-05 STATE OF FLORIDA arn 19 63 AGENCY FOR HEALTH CARE ADMINISTRATION _ A \ 2. MEMORIAL HEALTHCARE GROUP, INC., Pret d/b/a MEMORIAL HOSPITAL i JACKSONVILLE, pm -(as SE. a. Petitioner, ~ DOAH CASE NO. 02-0447COWN: w, vs. RENDITION NO.: AHCA-03- C257: TCECOM AGENCY FOR HEALTH CARE ADMINISTRATION and ST. VINCENT’S MEDICAL CENTER, INC., Respondents. SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Petitioner, vs. DOAH CASE NO. 02-0882CON AHCA CASE NO. CON 9482 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ST. VINCENT’S MEDICAL CENTER, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION and SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Respondents. / ST. LUKE’S HOSPITAL ASSOCIATION, INC., d/b/a ST. LUKE’S HOSPITAL, ' Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, ‘ Respondent. DOAH CASE NO. 02-0943CON AHCA CASE NO. CON 9484P DOAH CASE NO. 02-0971CON AHCA CASE NO. CON 9483 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 February 5, 2003, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTIONS This case concerns Certificate of Need applications filed by St. Vincent’s Medical Center, Inc. (St. Vincent) (CON Application 9484P), St. Luke’s Hospital Association, Inc., d/b/a St. Luke’s Hospital (St. Luke) (CON Application 9483), and Southem Baptist Hospital of Florida, Inc. (Baptist) (CON 9482). St. Vincent’s and St. Luke’s applications are inextricably linked in that St. Luke (owned by the Mayo Clinic Jacksonville; hereinafter Mayo) proposes to build a hospital on the campus of Mayo Clinic Jacksonville so that Mayo would be able to consolidate all of its medical services in one location. However, instead of closing St. Luke, Mayo proposes to sell it to St. Vincent, which would continue to operate St. Luke. Unless both CON applications are approved, both fail because neither proposal can stand alone. Baptist proposes to build a new 95 bed hospital in southern Duval county in its application. The Agency initially approved all three applications. Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville (Memorial) filed to intervene in these three CON cases as an existing program that would be substantially affected. Memorial filed numerous exceptions to the recommended order that will be addressed below. Baptist filed one exception to the ALJ’s determination of Memorial’s standing to intervene. St. Vincent and St. Luke filed a joint response to Memorial’s exceptions. Baptist’s exception is that the ALJ was incorrect in making conclusion of law 420 that Memorial had standing to intervene in Baptist’s CON application case (DOAH Case No. 02-0882CON). The Agency rejects this exception, finding that the ALJ was correct in his analysis on the issue of standing in this particular case in that the cases are inextricably intertwined. Memorial filed exceptions to findings of fact 38-40, 50, 52, 54, 58, 99, 109-125, 137-139, 141, 143, 154, 173, 176, 179-182, 189, 192-193, 198, 200, 248, 257-258, 264- 265, 267, 269, 270, 275-276, 279, 280, and 288-289. Memorial filed exceptions to conclusions of law 425-432, 441-446, and 466. All exceptions are rejected. As to the exceptions to the findings of fact; the Agency finds that a review of the record shows that the exceptions are largely a reargument of matters raised at the final hearing, and that ' they are supported by competent, substantial evidence. As result, the Agency may not disturb them. The exceptions to the conclusions of law are rejected because the Agency finds that it is in agreement with these conclusions ‘and finds them to be a reasonable interpretation of the law and its application to the facts of this case. ' | 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: P St. Vincent’s CON Application 9484P is approved. St. Luke’s CON Application 9483 is approved. Baptist’s CON Application 9482 is approved. , . J | . DONE and ORDERED this { day of t , 2003, in Tallahassee, Florida. RHONDA M: MEDOWS, MD., SECRETARY Agency 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 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. ° CERTIFICATE OF SERVICE J 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 day of Lpret , 2003. — Oheton Uhousson foe Lealand L. McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Kathryn F. Fenske, Esquire Agency for Health Care Administration 8355 NW 53™ Street Miami, Florida 33166 Michael J. Cherniga, Esquire Sean M. Frazier, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Stephen E. Ecenia, Esquire Thomas W. Konrad, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Elizabeth Dudek, Deputy Secretary Mail Stop #12 Wendy Adams Facilities Intake P, Tecey TR Gry, Oaquiwe Donna UA. Gon, Lu We Steprar Greuianveé|, J aquuce

Docket for Case No: 02-000971CON

Orders for Case No: 02-000971CON