STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

HAINES CITY HMA, LLC d/b/a HEART OF FLORIDA REGIONAL MEDICAL CENTER,

Petitioner, CASE NO. 13-0166CON AHCA NO. 2013000323

V.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

I SEBRING HOSPITAL MANAGEMENT ASSOCIATES, LLC d/b/a HIGHLANDS REGIONAL MEDICAL CENTER,

Petitioner,

V.

CASE NO. 13-0167CON AHCA NO. 2013000326

RENDITION NO.: AHCA-\' - II \ -FOF-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                    I

FINAL ORDER

This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), R. Bruce McKibben, conducted a formal administrative hearing. At issue in this proceeding is whether the Certificate of Need ("CON") applications filed by Petitioners to add Comprehensive Medical Rehabilitation ("CMR") beds to their existing acute care hospitals in Polk County, Agency for Health Care Administration ("Agency" or "AHCA") District 6, satisfy, on balance, the applicable statutory and rule review criteria, and, if so, whether either or both of the applications should be approved. The

Filed December 17, 2013 10:39 AM Division of Administrative Hearings

Recommended Order dated October 29, 2013 is attached to this final order and incorporated herein by reference.

RULINGS ON EXCEPTIONS

The parties did not file any exceptions to the Recommended Order.

FINDINGS OF FACT

The Agency hereby 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.

ORDER

Based upon the foregoing, both Haines City HMA, LLC d/b/a Heart of Florida Regional Medical Center's CON application no. 10163 and Sebring Hospital Management Associates, LLC d/b/a Highlands Regional Medical Center's CON application no. 10165 are hereby denied. The parties shall govern themselves accordingly.

DONE and ORDERED this / day o 3,in Tallahassee, Florida.

DEK, SECRETARY

EALTH 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.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Fi der has been fumish e method indicated to the persons named below on this / day of

,2013.

RICHARD J. S u , Agen e

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

Tallahassee, Florida 32308-5403

(850) 4IZ-3630

COPIES FURNISHED TO:

Honorable R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings (via electronic filing)

Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith and Associates

2834 Remington Green Circle, Suite 201

Tallahassee, Florida 32308

Lorraine M. Novak, Esquire Assistant General Counsel (via email)

Molly McKinstry

Health Quality Assurance (via email)

Jan Mills

Facilities Intake Unit (via email)

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Docket for Case No: 13-000166CON

Orders for Case No: 13-000166CON