STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SACRED HEART HEALTH SYSTEM, d/b/a SACRED HEART HOSPITAL OF PENSACOLA, Petitioner, vs. Case No. 00-0475 Vv CON No. 9219 Cr AGENCY FOR HEALTH CARE ADMINISTRATION and BAPTIST HOSPITAL, INC., Respondents. / FINAL ORDER ENED 00 HUE 35 Gio: 40 DERE DVIS Ay G AOMINIS | rs RATT Ww ceed THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Hunter, attached hereto, dismissing the case, it appearing from the Baptist Hospital’s Notice of Withdrawal and Sacred Heart’s Motion for Remand, also attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On August 14, 2000, Baptist Hospital filed a Notice of Withdrawal of its application for CON 9219. On August 15, 2000, Sacred Heart filed a Motion for Remand. On August 16, 2000, Administrative Law Judge Hunter entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Withdrawal, Motion for Remand, and Order Closing File. 3. There are no remaining disputed issues of fact or law. i i i t i | i i \ | CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (1999). Based on the foregoing, IT IS ADJUDGED THAT: parties and subject The above-styled case is DISMISSED and Certificate of Need (CON) Number 9219 is denied. DONE and ORDERED this 22 day of , 2000, in Tallahassee, Florida. Ruben J. King-Shaw, Jr, 2 Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FIL OF A NOTICE OF APPEAL WITH THE AGENCY CLERK O ING ONE COPY AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE S OR WIE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED WITH THE FLORIDA RULES OF APPELLATE PROCEDURE. T HERE A PARTY N ACCORDANCE HE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies Furnished to: Michael J. Cherniga Greenberg Traurig, P.A. 101 East College Avenue Post Office Box 1838 Tallahassee, Florida 32302-1838 Michael Glazer Ausley & McMuilen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302-0391 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Julie Gallagher General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 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, tise day of people. Agency for: Health C 2727 Mahan Drive, M: Tallahassee, Florida 32 (850) 933-5865 oe , to the above-named 1 Stop #3 08 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SACRED HEART HEALTH SYSTEM, d/b/a SACRED HEART HOSPITAL OF PENSACOLA, Petitioner, vs. Case No. 00-04 AGENCY FOR HEALTH CARE ADMINISTRATION and BAPTIST HOSPITAL, INC., Respondents. ORDER CLOSING FILE This cause having come before the undersigned 75 on a Notice of Withdrawal, filed on behalf of Respondent Baptist Hospital, Inc., on August 14, 2000, and on Sacred Heart's Motion for Remand, filed August 15, 2000, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. Sacred Heart's Motion for Remand is hereby granted. 2. The final hearing in this cause scheduled through 25, 2000, is hereby cancelled. for August 21 3. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. RECEINEY tAUG 1 7 2000 AGENCY FOR HEALTH CARE ADMINISTRATION-LEGAL ' i | i \ DONE AND ORDERED this Tallahassee, Leon County, Florida. Pp COPIES FURNISHED: Michael J. Cherniga, Esquire Greenberg Traurig, P.A. 101 East College Avenue Post Office Box 1838 Tallahassee, Florida 32302-1838 Stephen C. Emmanuel, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302-0391 Richard A. Patterson, Esquire Agency for Health Care Administration 2727 Mahan Drive Building Three, Suite 3431 Tallahassee, Florida 32308-5403 ae day of August, 2000, in D. D M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 2 (850) 488-9675 SUNCOM Fax Filing (850) 921-6 www.doah.state.fl.us 4 Filed with the Clerk of 399-3060 278-9675 7 the this 10 Administrative Hearings this ay of August, 2000. ant by: GREENBERG TAAURIG TALLAnAdocS Guy Lor wees oy STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SACRED HEART HEALTH SYSTEM d/b/a SACRED HEART HOSPITAL OF PENSACOLA, Petitioner, Case No. 00-475 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and BAPIIST HOSPITAL, INC., Respondents. i —_ CO Cr oreo NOTICE OF WITHDRAWAL YN Respondent, Baptist Hospital, Inc. hereby files its notice of Certificate of Need No. 9219. Respectfully submitted this tof iay of August, 2000. GREENBERG TRAURIG, P.A. 101 East College Avenue Post Office Drawer 1838 Tallahassee, FL 32302 (850) 222-6891 (Telephone) (850) 681-0207 (Facsimile) MICHAEL J. CHERNIGA SONYA A. CHAMBERLAIN Counsel for Baptist fospital, Inc. CON No. 921 Xe) withdrawal of . Sent oy: GREENBERG TRAURIG TALLAHASSEE 850 681 UdU/ 4; US/I4/UU Bi 4Uriny JOUPR 2 Oi yraye ao CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile to ALJ David M. Maloney, Division of Administrative Hearings, following parties as indicated below, this 14M ay of August, 2000: | t the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399 and to the C. Gary Williams Via Facsimile ; Stephen C. Emmanuel Ausley & McMullen 227 South Calhoun Street Tallahassee, FL 32301 Richard A. Patterson, Esquire Via Facsimile Office of the General Counsel , | Agency for Health Care Administration 2727 Mahan Drive | Tallahassee, FL 32308 : Sou Ul mberlloim | Sonya A. Chamberlain 137346 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SACRED HEART HOSPITAL OF PENSACOLA, Petitioner, vs. CASE NO. 00 CON NO. 92 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and BAPTIST HOSPITAL, INC., Respondents. . / A HEART’ T R_ REMAND AUG 1.6 2000 AGENCY FOR HEALTH CARE ADMINISTRATION-LEGAL +475 19 Petitioner, SACRED HEART HOSPITAL OF PENSACOLA (“Sacred Heart”), by and through its undersigned attorneys hereby moves for remand of the above-styled cause to the Agency for Health Care Administration (“Agency”), and as grounds therefore would show: 1. The above-styled cause involves Certif ficate of Need (“CON”) application No. 9219 by Baptist Hospital, Inc. (“Baptist”) for the establishment of a 10-bed Leve in Escambia County, Florida. 2. On August 14, 2000, Baptist filed Withdrawal. Through that pleading, Baptist offic 1 II NICU unit a Notice of ially withdrew CON application No. 9219. A copy of Baptist’s Notice of Withdrawal is attached hereto as Exhibit “A.” 3. Based on the Notice of Withdrawal, this cause should be remanded to the Agency for entry of a Final Order denying CON application No. 9219. 4. Undersigned counsel has consulted with c other parties to this action and is authorized to they do not oppose this Motion for Remand. WHEREFORE, Sacred Heart Hospital of Pensacol ounsel for all represent that a respectfully requests that an Order be entered remanding the above-styled \ cause to the Agency for Health Care Administration for entry of a Final Order denying CON Application No. 9219. 2000. DATED this 1S aay of August, c. STEPHE . Ausley & McMullen Post Office Box L of 391 227 South Calhoun Street Tallahassee, (850) 224-9115 Florida 32302 Florida Bar #0144701 Florida Bar #0379646 Attorneys for Hospital of Pensacola FICATE I HEREBY CERTIFY that on this Veo! fH aay of August, 2000, the original and one copy of the foregoing has been provided by Hand Delivery to Administrative Law Judge David M. Maloney, 2 Division Sacred Heart | ; | of Administrative Hearings, The DeSoto Building, Parkway, Tallahassee, FL 32399-1550; and a c provided to the following: Michael J. Cherniga By Fax/U.S. Seann F. Frazier Sonya A. Chamberlain Greenberg Traurig, P.A. 101 E. College Avenue P. O. Drawer 1838 Tallahassee, FL 32302 Richard A. Patterson , By Fax/U.S., Senior Attorney Agency for Health Care Administration 2727 Mahan Drive Building 3, Room 3431 Tallahassee, FL 32308 - ATTORNE h:\data\sce\pld\sh\sh motion for remand.doc opy has Mail Mail 1230 Apalachee been at bys GREENBERG TRAURIG TALLAHASSEE 650 681 0207 4; 08/:4/00 3:367M; JetFex #183;Page 2/3 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SACRED HEART HEALTH SYSTEM d/b/a SACRED HEART HOSPITAL OF PENSACOLA, Petitioner, v. Case No. 00-475 CON Na. 9219 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and BAPTIST HOSPITAL, INC., Respondenis. ; a NOTICE OF WITHDRAWAL Respondent, Baptist Hospital, Inc. hereby filus its notice of withdrawal of i Certificate of Need No. 9219. Respectfully submitted this io vay of August, 2000. GREENBERG TRAURIG, P.A. 101 East College Avenue Post Office Drawer 1838 Tallahassee, FL 32302 (850) 222-6891 (Telephone) (850) 681-0207 (Facsimile) ICHAEL J. CHERNIGA SONYA A. CHAMBERLAIN | Counsel for Baptist Hospital, Inc. | CERTIFICATE OF SERVICE ant ny: GREENBERG TRAURIG TALLAHASSEE @50 681 0207 4; 08/14/00 3:36PM; JotFax #183;Page 3/3 | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile to ALJ David M. Maloney, Division of Adminis trative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399 and to the ! following parties as indicated below, this Gay of August, 2000: C. Gary Williams Via Facsimile Stephen C. Emmanuel Ausley & McMullen 227 South Calhoun Street Tallahassee, FL 32301 Richard A. Patterson, Esquire Via Facsiinile Office of the General Counsel Agency for Health Care Administra tion 2727 Mahan Drive Tallahassee, FL 32308 Soue Mawoerlairm Sonya A.Chamberlain wiTsse

Docket for Case No: 00-000475CON