STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, DOAH Case No. 04-1271CON AHCA No. 2004002986 vs. CON 9738 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenor. ; / HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, DOAH Case No. 04-1273CON AHCA No. 2004002659 CON 9737 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenor. FINAL ORDER THIS CAUSE CAME before the undersigned for the purpose of issuing a final agency order, upon order of Administrative Law Judge Charles A. Stampelos, attached hereto as Ex. A, Closing these cases, it appearing from the Petitioners’ Notices of Voluntary Dismissal, attached hereto as Ex. B and Ex. C, that there are no disputed issues of fact. FINDINGS OF FACT 1. On July 26, 2006, Hope of Southwest Florida, Inc. filed a Notice of Voluntary Dismissal of its Petition, and on July 26, 2006, Heartland Hospice Services of Florida, Inc. filed a Notice of Voluntary Dismissal of its Petition. 2. On July 28, 2006, the Administrative Law Judge assigned to the case issued an Order Closing Files based on the Notices of Voluntary Dismissal. 3. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissal and Order Closing Files. 4. There are no remaining disputed issues of fact or law. 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. (2006). Based on the foregoing, IT IS ADJUDGED THAT: Heartland Hospice Services of Florida, Inc.’s petition challenging the denial of Certificate of Need (CON) Application Number 9738, which sought to establish a new hospice program in Hospice Service Area 8A, to be located in Charlotte County, and Hope of Southwest Florida, Inc.’s petition challenging the denial of Certificate of Need (CON) Application number iS) 9737, which sought to establish (1) a branch office in DeSoto County within two years of licensure in Service Area 8A: (2) a special Non-Cancer Outreach Program to educate the medical community in the area regarding the effectiveness of hospice care for elderly residents with cancer and non-cancer diagnoses. Petitioners’ petitions for formal administrative proceedings are moot, and these cases are closed. DONE and ORDERED this Att day of 4 Ken aT , 2006, in Tallahassee, Florida. Christa Calamas, Secretary Agency for Health Care Administration Copies furnished to: Counsel for: Hospice of Southwest Florida, Inc. Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303 (by U.S. Mail) Counsel for: Heartland Hospice Service of F lorida, Inc. Alfred W. Clark, Esquire P.O. Box 623 (32302) 117 South Gadsden Street, Suite 201 Tallahassee, Florida 32301 J Robert Griffin, Esquire J Robert Griffin, P.A. 1342 Timberlane Road, #102-A Tallahassee, Florida 32312 Charles A, Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 (by U.S. Mail) Michael O. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive Bldg #3 Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Jeffrey Gregg . Chief Bureau of Health Facility Regulation Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #28 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this 2S” day of __“Azezret—=> , 2006, to the above-named people. wr Richard Shoop, Agency = Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenor,. HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION and HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., . Respondents, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenor. ) Case No. Case No. 04-1271CON 04-1273CON EXHIBIT | 4 ORDER CLOSING FILES This cause having come before the undersigned on the Notice of Voluntary Dismissal filed by Hope of Southwest Florida, Inc., on July 26, 2006, and the Notice of Voluntary Dismissal filed by Heartland Hospice Services of Florida, Inc., filed July 27, 2006, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for October 16 through 20, 23 through 27 and October 30 through November 3, 2006, is hereby cancelled. 2, The files of the Division of Administrative Hearings in the above-captioned matter are hereby closed. DONE AND ORDERED this 28th day of July, 2006, in Tallahassee, Leon County, Florida. Lp (Cm CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 2006. COPIES FURNISHED: Alfred W. Clark, Esquire Alfred Clark Law Office 215 East Fifth Avenue Tallahassee, Florida 32303 Jd. Robert Griffin, Esquire Jd. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Michael 0. Mathis, Esquire Agency for Health Care Administration Fort Knox Building III, Suite 3431 2727 Mahan Drive Tallahassee, Florida 32308 BEFORE THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, vB. Case Nos. 04-1271CON 04-1273CON STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) } ) ) ) ) ) CE VO; DISMI Petitioner, HEARTLAND HOSPICE SERVICES OF FLORIDA, INC. ("HEARTLAND"), hereby gives notice of its voluntary dismissal with prejudice of this proceeding. DATED this 26th day of July, 2006. Respect fully submitted, RECEIVED te