-STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

FILED

AHCA

AGENCY CLERK

2b A 8: 21 ·

Respondent.

                                                               I

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

("the Agency") on the requests for partial exemptions for emergency service filed on January 22, 2010, by BARTOW HMA, INC. d/b/a BARTOW REGIONAL MEDICAL CENTER ("Bartow

Regional") seeking partial exemptions from providing the emergency services related to: gastroenterology, urology, otolaryngology, vascular surgery and neurology, as continuous emergency services.

On March 12, 2010, the Agency denied these requests for partial exemptions. (Composite Exhibit 1)

On April 2, 2010, Bartow Regional timely filed a Petition for Formal Administrative Hearing challenging the denials of the partial exemption requests, which was forwarded to the Division of Administrative Hearings ("DOAH").

On December 1, 2010, Bartow Regional filed its Notice of Voluntary Dismissal in DOAH withdrawing its Petition for Formal Administrative Hearing. On December 2, 2010, the

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Filed January 27, 2011 9:28 AM Division of Administrative Hearings

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Administrative Law Judge issued an Order Closing Files, thereby closing the cases.

It is ORDERED AND ADJUDGED:

1. The Agency's actions in denying the requested exemptions are upheld.

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DONE and ORDERED this day of                                       2011, in Tallahassee, Florida.

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

I 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 -p:'.day of

_--_,_(_'2-=   c=-·- ----,r"--   - ' 2011.

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Timothy Bruce Elliott, Esquire Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32308 (U.S. Mail)

Lorraine M. Novak, Esquire Assistant General Counsel

Agency for Health Care Administration (By Interoffice Mail)

R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Interoffice Mail)

Janice Mills Facilities Intake

Agency for Health Care Administration (Interoffice Mail)

Docket for Case No: 10-001950

Orders for Case No: 10-001950