wy | OY STATE OF FLORIDA. AUS 17 00 AGENCY FOR HEALTH CARE ADMINISTRATION ; HERNANDO HMA, INC., d/b/a. SPRING HILL REGIONAL HOSPITAL, oe 8 Petitioner, ng = = wn Vs. Case No. 00-0474) MW 25 = Ss 63 CON No. 9227 a RENDITION NO.: AHCA-00- | Oly-S-cone AGENCY FOR HEALTH CARE ADMINISTRATION, . Respondent. / FINAL ORDER THIS CAUSE CAME on before me for the purpose of issuing a final agency ’ order, it appearing from the Settlement Agreement, attached hereto, that there are no disputed issues of fact. 1. On July 24, 2000, the parties executed the Settlement Agreement in the above-styled matter. 2. The Agency hereby adopts and incorporates by reference the Settlement Aoenear hegfbhdsatuccnnn dR a kns 3. There are no remaining disputed issues of factorlaw. a nad YU —- yy CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (1999). Based on the foregoing, . IT IS ADJUDGED that the parties are to comply with the terms of the attached Settlement Agreement. DONE and ORDERED this SMPs of Ages — , 2000, in Tallahassee, Florida. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OR 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. A NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS FILED AT THE OFFICE OF THE AGENCY CLERK. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE. i ! i t E Sorry ete tree Copies Furnished to: James C. Hauser Metz, Hauser & Husband, P.A. Post Office Box 10909 Tallahassee, Florida 32302-2909 Richard A. Patterson Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Julie Gallagher Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 CON Office (AHCA) CERTIFICATE OF SERVICE © I HEREBY CERTIFY that a true and correct copy of the foregoing has been _ furnished by U.S. Mail or hand delivery, this / / 2000, to the above-named people. LES R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 — TOR rN ogee sentry emer gerne ww . Nod STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HERNANDO HMA INC., d/b/a ; SPRING HILL REGIONAL HOSPITAL, Petitioner, vs. : CASE NO. 00-0474 CON NO. 9227 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT Petitioner, Hernando HMA Inc. , d/b/a Spring Hill Regional Hospital, and Respondent, Agency for Health Care Administration, by and through its undersigned counsel and pursuant to Section 120.57 (4), Fla. Stat. (1999), hereby stipulate and agree as follows: 1. A weighing of all applicable statutory and rule review criteria reveals that Petitioner’s application for Certificate of Need (CON) No. 9227 should be granted. 2 Upon execution and filing of this Settlement Agreement, and receipt of an 7 order from a an 1 administrative law j dg ding the case, Respondent shall enter a- Final Order issuing CON No. 9227 to Petitioner for the establishment ofa a ten n( 10) bed Level ita Neonatal Intensive Care Unit (nicu) at Spring Hill Regional Hospital, 10461 Quality Drive, Spring Hill, Florida 34609. Wrloo pee “er rarer e w U 3. CON No. 9227 shall have the following conditions placed upon it: A minimum of forty-one Percent (41%) of total NICU Level II admissions in Petitioner’s Level II NICU will be provided to Medicaid patients; and a minimum of one percent (1%) of total NICU Level II admissions in Petitioner’s Level II NICU will be provided to charity care patients. 4. The issuance date of CON No. 9227 shall be the date of issuance of the Final Order in this case. _ 5. Each party shall bear its own attorney’s fees and costs. 6. The parties stipulate and agree that this Settlement Agreement is a legal and binding document and is fully enforceable in any Court of competent jurisdiction. The signatories hereto represent and warrant that they are vested with the authority to execute this Settlement Agreement on behalf of their respective principals, and as duly ‘designated representatives, to fully bind such principals. 7. This Settlement Agreement is binding on the parties’ successors and . assigns. 2 re whe/oo eg | | | } een gee cee oper eee ree Dated this 2tttha Le 7 , 2000. HERNANDO HMA, INC, d/b/a AGENCY FOR HEALTH CARE SPRING HILL REGIONAL HOSPITAL ADMINISTRATION J une ( Hoapey Glee [0a EL an JAMES C. HAUSER RICHARD A. PATTERSON Metz, Hauser & Husband, P.A. Assistant General Counsel P.O. Box 10909 Agency for Health Care Administration Tallahassee, Florida 32302-2902 2727 Mahan Drive, Mail Stop #3 (850) 222-3730 Tallahassee, Florida 32308 (850) 921-0057 IE GALLAGHER . General Counsel . : Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 PETE BWGAS, Deputy Director Managed Ware & Health Quality 2727 Mahan Drive, Mail Stop #9 Tallahassee, Florida 32308 _ (850) 414-0357 — speeqgereemerere po cong pty tmmer ign camper

Docket for Case No: 00-000474CON