AGENCY FOR HEALTH CARE ADMINIS STATE OF FLORIDA faa ce TRioiph) RENDITION NO.: AHCA-08- 037 O0BARRN-3 py 3. ae APR - CON NOS. 9967 & 9969 HOSPICE OF NAPLES, INC., Petitioner, VS. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. HOPE HOSPICE AND COMMUNITY SERVICES, INC., f/k/a HOPE OF SOUTHWEST FLORIDA, INC. Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / VITAS HEALTHCARE CORPORATION OF FLORIDA, : Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; EVERCARE HOSPICE OF COLLIER COUNTY, INC.; HCR MANOR CARE SERVICES OF FLORIDA, INC.; HOPE OF SOUTHWEST FLORIDA, INC.; AND ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., Respondents. OIVISION oF ADMINISTRATIVE HEARWOG VE DOAH CASE NO. 07-1264CON AHCA NO. 2007002739 DOAH CASE NO. 07-1654CON AHCA NO. 2007003710 DOAH CASE NO. 07-1656CON AHCA CASE NO. 2007003709 Loe Qg . AY (4 "FINAL ORDER Up “ a This case was referred to the Division of Administrative Hearings oi e ‘bey Gh assigned Administrative Law Judge (ALJ), David M. Maloney, conducted ‘oa administrative hearing. At issue in this proceeding is which of two applications for a Certificate . of Need (CON) to operate a hospice in Service Area 8B, Collier County, Florida, should be approved: CON 9967 filed by Hope Hospice and Community Services, Inc. (“Hope”), or CON 9969 filed by Vitas Healthcare Corporation of Florida (“Vitas”). The Recommended Order dated March 3, 2008 is attached to this final order and incorporated herein by reference, except where noted infra. RULINGS ON EXCEPTIONS Hospice of Naples, Inc. (“HON”) was the only party that filed exceptions. In Exception 1, HON took exception to portions of the Preliminary Statement on Page 4 of the Recommended Order, arguing that it incorrectly characterized HON’s petition for hearing. The Agency will treat HON’s exception as a motion to correct a scrivener’s error which it will grant. Thus, the third paragraph on Page 4 of the Recommended Order shall be changed to state: Timely petitions challenging the Agency's action in the SAAR were filed by HON (as to approval of any of the applications), Hope (as to approval of VITAS' application and denial of its own), HCR (as to approval of VITAS' application and denial of its own) and Odyssey (as to approval of VITAS' application and denial of its own.) In Exception 2, HON took exception to the findings of fact in Paragraphs 31, 33 and 37 of the Recommended Order, to the extent that the paragraphs contained scrivener’s errors that incorrectly reflected the service area in question as “Service Area 8A” instead of Service Area 8B. The Agency will treat HON’s Exception 2 as a motion to correct a scrivener’s error, which it will grant. Thus, Paragraphs 31, 33 and 37 of the Recommended Order shall be corrected to reflect that the correct service area in question is Service Area 8B. In Exception 3, HON took exception to the finding of fact in Paragraph 59 of the Recommended Order, wherein the. ALJ found that “HON has one of the lowest nurse to patient ratios in Collier County....” HON argued that the record evidence reflected that HON had one of the lowest nurse-to-patient ratios in the country, not just in Collier County. A review of the record indicated that HON’s argument was correct. See HON Exhibit 11. Therefore, Exception 3 is granted and Paragraph 59 of the Recommended Order shall be changed to state: 59. HON has one of the lowest nurse to patient ratios in the country: 1 nurse to every 11 patients in home care and 1 nurse to every 4 patients in GIP. These lower ratios mean more care at the bedside and more support for the patient and family. FINDINGS OF FACT The Agency hereby adopts the findings of fact set forth in the Recommended Order, except where noted supra. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. ORDER Based upon the foregoing, Vitas’ CON application No. 9969 is approved, and Hope’s CON application No. 9967 is denied. DONE and ORDERED thishoy of pn [ , 2008, in Tallahassee, Florida. eS ” HOLLY BENSON, 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 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 THE 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. 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 SS day of Ape Z , 2008. RICHARD J. SHOOP, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308-5403 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert D. Newell, Jr., Esquire Newell, Terry & Douglas, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Geoffrey D. Smith, Esquire Smith & Associates, P.A. 2873 Remington Green Circle Tallahassee, Florida 32308 W. David Watkins, Esquire Watkins & Associates, P.A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Karin M. Byrne, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Elizabeth Dudek Health Quality Assurance

Docket for Case No: 07-001264CON

Orders for Case No: 07-001264CON