STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION VITAS OF NORTH FLORIDA, INC., Petitioner, vs. HOSPICE OF LAKE & SUMTER, INC., and AGENCY FOR HEALTH CARE ADMINISTRATION, Respondents, and LIFEPATH, INC., d/b/a LIFEPATH HOSPICE and GOOD SHEPARD HOSPICE OF MID-FLORIDA, INC., Intervenors. HOSPICE OF LAKE & SUMTER, INC., Petitioner, vs. VITAS OF NORTH FLORIDA, INC., and AGENCY FOR HEALTH CARE ADMINISTRATION, Respondents, and LIFEPATH, INC., d/b/a LIFEPATH HOSPICE and GOOD SHEPARD HOSPICE OF MID-FLORIDA, INC., Intervenors. Case No. 01-3291COR CON No. 9438. Case No. 01-4646CON CON No. 9439 FINALORDER iL cc IU Go 4H °02 THIS CAUSE CAME before me for the purpose of issying, a final ‘agency order, upon an order of Administrative Law Judge Eleanor M. Hunter, attached seal WR missing the case, it appearing from Vitas’ Notice of Voluntary Dismissal, Lifepath’s Notice of Voluntary Dismissal, Hospice’s Notice of Voluntary Dismissal and Motion for Remand, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On April 4, 2002, Petitioner, Vitas filed its Notice of Voluntary Dismissal. On April 4, 2002, Intervenor, Lifepath filed its Notice of Voluntary Dismissal. On April 8, 2002, Hospice filed its Notice of Voluntary Dismissal and its Motion for Remand. On April 10, 2002, Administrative Law Judge Hunter entered the Order Closing File 2. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissal, Motion for Remand and Order Closing File. 3. There are no remaining disputes in this case. 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. (2001). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Application Number 9438 to establish a new hospice unit in AHCA District 6 is denied and Certificate of Need (CON) Application Number 9439 to establish a new hospice unit in AHCA District 6 is approved and shall be issued. DONE and ORDERED this_18 day of July 2002, in Tallahassee, Florida. rah M. Medows, MD, 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 OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES 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 RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Michael J. Glazer, Esq. Ausley & McMullen 227 South Calhoun Street P.O. Box 391 Tallahassee, Florida 32301 Robert D. Newell, Jr., Esq. Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32302-6313 W. David Watkins, Esq. Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 P.O. Box 15828 Tallahassee, Florida 323 17-5828 H. Darrell White, Esq. McFarlain & Cassedy, P.A. 215 South Monore Street, Suite 600 P.O. Box 2174 Tallahassee, Florida 32316-2174 John F. Gilroy, Senior Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office Mail Stop #28 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this | 4 May of July 2002, to the above-named people. Luhud nso Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 JFG/sr

Docket for Case No: 01-004646CON