7-14-04 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SELECT SPECIALTY HOSPITAL- MARION, INC., Petitioner, Vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. KINDRED HOSPITALS EAST, LLC, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION AND SELECT SPECIALTY HOSPITAL-MARION, INC., Respondents. FINAL ORDER LERK 2h SEP 15 Dp. 5) CASE NO. SRaRICONT CON 9647 FRAES 2003004422 CASE NO. 03-2810CON CON 9648 FRAES 2003005119 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 14, 2004, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTIONS No exceptions were filed. 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: The CON application of Kindred Hospitals East, LLC (CON 9648) is approved. The CON application of Select Specialty Hospital-Marion, Inc. (CON 9647) is denied. DONE and ORDERED in DOAH Case Nos. 03-2483CON and 03-2810CON this i day of Sehunba/ , 2004, in Tallahassee, Florida. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION aw ALAN LEVINE, SECRETARY 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 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 15 day of Untadlze, 2008 (‘haere eK \909 Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearing 1230 Apalachee Parkway The DeSoto Building Tallahassee, Florida 32399-3060 Kenneth Gieseking, Esquire State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III, MS 3 Tallahassee, Florida 32308 Mark A. Emmanuele, Esq. Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308-6225 Patricia A. Renovitch, Esq. Oertel, Hoffman, Fernandez & Cole, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, Florida 32302-1110 John Hoover Medicaid Finance and Accounting 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Liz Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, MS # 12 Tallahassee, Florida 32308

Docket for Case No: 03-002483CON

Orders for Case No: 03-002483CON