FiLEO

STATE OF FLORIDA AGHAtCH\CACLERK

38

AGENCY FOR HEALTH CARE ADMINISTRATION

20tlJ'1AY \ 2 P I

HALIFAX HOSPITAL MEDICAL CENTER d/b/a HALIFAX HEALTH MEDICAL CENTER,

vs.

Petitioner,

DOAH CASE NO.: 11-0268CON AHCA CASE NO.: 2011000484 CON NO.: 10101

RENDITION NO.: AHCA-11- 049Z.S-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10101 to establish a comprehensive medical rehabilitation unit of up to 40 beds which was filed by HALIFAX HOSPITAL MEDICAL CENTER, INC. d/b/a HALIFAX HEALTH MEDICAL CENTER (hereinafter

"Halifax") in the Second Batching Cycle of 2010. The Agency, being otherwise well-advised in the premises and all other matters of record, has entered into a Settlement Agreement (Ex. 1) with Petitioner and concludes as follows:

The Agency preliminarily denied Halifax's CON application.

Thereafter, Halifax timely filed a Petition for Formal Administrative Hearing challenging the denial of CON 10101, DOAH Case No. 11-268, which

Filed May 12, 2011 4:03 PM Division of Administrative Hearings

the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH").

On February 2, 2011, Memorial Health Systems, Inc. d/b/a Florida Hospital Oceanside ("Oceanside") filed a petition to intervene in support of the Agency's denial of Halifax's CON 10101.

On May 3, 2011, Oceanside filed a Notice of Withdrawal, and withdrew the motion to intervene and dismiss its challenge with prejudice.

On May 3, 2011, DOAH issued an Order removing Oceanside as an Intervenor and dismissing its challenge.

On May 6, 2011, DOAH entered an order which closed the file at the Division.

Subsequent to the filing of the Notice of Withdrawal by Oceanside, the Agency has reviewed the merits of this certificate of need and has determined on balance that the issuance of this CON is warranted.

It is therefore ORDERED and ADJUDGED:

1. The Notice of Withdrawal filed by Oceanside and the Order Closing File DOAH are hereby acknowledged and accepted.

2. The Agency hereby awards CON 10101 to Halifax and the Agency is directed to issue to Halifax CON 10101.

3. The Parties shall abide by the terms and conditions of the Settlement Agreement.

4. The above-styled case is hereby closed.

DONE and ORDERED this // day of ' 2011,

in Tallahassee, Florida.

UDEK, Secretary

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 /Z day of - ---4--=-7 ' 2011.

RICHAR OP, Agen Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Stephen K. Boone, Esquire

Boone, Boone, Boone, Koda & Frook, P.A. 1001 Avenida Del Circo

Post Office Box 1596 Venice, Florida 34284

Attorney for Memorial Health Systems, Inc. d/b/a Florida Hospital Oceanside

Robert A. Weiss, Esquire Karen A. Putnal, Esquire

Parker Hudson Rainer & Dobbs LLP The Perkins House, Suite 200

118 North Gadsden Street Tallahassee, Florida 32301

Attorneys for Halifax Hospital Medical Center d/b/a Halifax Health Medical Center,

Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)

Janice Mills Government Analyst II Facilities Intake

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 11-000268CON

Orders for Case No: 11-000268CON