STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION FLORIDA HEALTH SCIENCES CENTER, INC., nee Petitioner, 7 vs. Case No. 01-3810CON : CON NO. 9087 STATE OF FLORIDA, AGENCY FOR HEALTH CARE RENDITION NO.: AHCA-929011)2-CON ADMINISTRATION, Respondent. FINAL ORDER The Agency for Health Care Administration having entered into a Settlement Aircore’ dated April 11, 2002, with the party to these proceedings, and being otherwise well advised in the premises, decides as follows: 1. On April 12, 2002, Petitioner filed a Joint Motion to relinquish Jurisdiction and on April 16, 2002, DOAH entered an Order Closing file. 2. The attached settlement agreement is approved and adopted as a part of this final order and the parties are directed to comply with the terms of the Settlement Agreement. 3. THEREFORE, it is ORDERED and ADJUDGED that an extension to the validity period of CON NO. 9087 is approved. DONE and ORDERED this 19 day of April, 2002 in Tallahassee, Leon County, Florida. Rhgnda M. Medows, M.D., 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 FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK, AND A SECOND COPY, ALONG WITH 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 THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies. furnished to: John F. Gilroy, Senior Counsel Agency for Health Care Administration (Inter-office Mail #3) Elizabeth McArthur, Esq. Katz, Kutter, Alderman, Bryant & Yon, P.A. 106 E. College Avenue, Suite 120 P.O. Box 1877 Tallahassee, Florida 32302 (U.S. Mail) CON Office Agency for Health Care Administration (Inter-office Mail #28) Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. Mail), CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees on this 23 of April, 2002. Virgina Daire, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (904) 922-5873 JFG/sr STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA HEALTH SCIENCES CENTER, INC., Petitioner, vs. Case No. 01-3810CON CON No. 9087 AGENCY FOR HEALTH CARE ADMINISTRATION, / SETTLEMENT AGREEMENT The parties, Florida Health Sciences Center, Inc. (“FHSC”) and the Agency for Health Care Administration (“AHCA’), by and through the undersigned and pursuant to Section 120.57, Fla. Stat. (2001), hereby stipulate and agree as follows: 1. On February 8, 1999, Certificate of Need Number 9087 was issued to FHSC, authorizing the initiation of an adult lung transplantation program. By Settlement Agreement dated August 4, 2000, the termination date for CON No. 9087 was extended from August 7, 2000, to April 1, 2001. By Settlement Agreement dated March 29, 2001, the termination date for CON No. 9087 was extended froth April 1, 2001, to September 4, 2001. 2. FHSC admits that as of September 4, 2001, it had not yet initiated the adult lung transplantation program authorized by CON No. 9087, and requested a further extension of the validity period. 3. As described in a letter to AHCA dated August 31, 2001, good cause exists for extending the validity period for CON No. 9087 beyond September 4, 2001, to obtain governmental approvals that are prerequisites to operating the program. 4. With AHCA's agreement, FHSC committed to proceed on the following schedule to implement its adult lung transplantation program: a. b. 5. Reactivation of UNOS certification by the end of October, 2001. Completion of Florida Board of Medicine licensure for at least one of the two transplant surgeons awaiting licensure followed by Tampa General credentialing process as described in the August 31, 2001, letter, by the end of November, 2001. TGH credentialing process on the following schedule: 1. December 6, 2001: TGH Credentialing Committee 2. December 17, 2001: Medical Executive Committee 3. December 19, 2001: Quality Committee of FHSC Board of Trustees to review and make recommendation to Board of Trustees 4. January 22, 2002: FHSC Board of Trustees Once privileges are granted for at least one of the two transplant surgeon awaiting credentialing, the transplant team will immediately proceed with patient evaluations leading to patient listing. The first patient listing shall occur within 30 days after completion of credentialing by at least one of the two transplant surgeons awaiting credentialing. FHSC has completed all of the above steps in accordance with the agreed timetable, thereby initiating its adult lung transplantation program. 6. AHCA hereby confirms its agreement to the timetable set forth above as an extension to the validity period of CON No. 9087, and AHCA agrees to forego any action to terminate CON No. 9087. 7. Immediately after execution of this agreement, FHSC and AHCA will file a joint motion for DOAH to remand this matter to AHCA based on this agreement resolving all disputes in this matter. 8. Upon receipt of this matter following remand, AHCA agrees to enter its final order adopting the terms of this Settlement Agreement. 9. FHSC, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency's actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of FHSC or related facilities. “ 10. The undersigned represent and warrant that they are vested with the authority to bind the respective parties to the terms of this Settlement Agreement and do hereby bind their respective parties to the terms hereof. _11. — Each party shall bear its own costs and attorneys’ fees. h Dated this_//” day of Kopi , 2002. 7 AGENCY FOR HEALTH CARE ADMINISTRATION FLORIDA HEALTH SCIENCES CENTER, INC. & Jean) Mayer, Vice President Strategic Services Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital Davis Islands Post Office Box 1289 Tampa, Florida 33601 (813) 253-4828 Elizabety Dudek Deputy Spcretary Managed Care and Health Quality 2727 Mahan Drive, Mail Stop #9 Tallahassee, Florida 32308 (850) 487-2528 ZL LLLP William ff. Roberts Acting General Counsel 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 01-003810CON