FILED STATE OF FLORIDA ce eM AGEMCY A ERK AGENCY FOR HEALTH CARE ADMINISTRATION” = ~~ 100 JW 10 AO Sy MM QL) Ae SO ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC., d/b/a ST. JOHN’S NURSING CENTER, Petitioner, DOAH NO. 04-3378CON 04-3490 RU AHCA NO. 2004008308 vs. RENDITION NO.: AHCA-07-0406-S-OLC AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings, DOAH No. 04-3378 CON, AHCA No. 2004008308 that Petitioner, St. John’s Rehabilitation Hospital and Nursing Center, Inc., d/b/a St. John’s Nursing Center (“St. John’s’) filed on September 21, 2004. The Petition is related to the Agency’s denial of request for exemption from Certificate of Need review, Exempt No. 0400005. On September 21, 2004, the Petition was forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge. In the interim, the Petitioner also filed a rule challenge relating to this action, DOAH Case No. 04-3490RU. On February 9, 2005, the parties entered into a Stipulation and Settlement Agreement. In the Settlement Agreement, AHCA agreed to an expedited review of St. John’s CON application to add 21 nursing home beds to its 160-bed skilled nursing facility through the transfer and delicensure of 21 beds from Hallandale Rehabilitation Center/HRCLLC. St. John’s applied for the CON and CON application 9868 was approved. The transfer and relicensure of the facility with the additional beds has taken place. On January 5, 2006, Petitioner filed a Notice of Voluntary Dismissal of its Petition for a Formal Administrative Hearing, and a Notice of Voluntary Dismissal of its Petition for Rule Challenge. On January 5, 2006, the Administrative Law Judge assigned to the case issued an Order Closing Files based on the Notices of Voluntary Dismissal. That Order dismissed and closed both DOAH cases. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings pending before the Agency is hereby closed. The Agency’s denial of the request for exemption from Certificate of Need review, Exempt No. 040005 is now moot. DONE and ORDERED this © day of Seclhy , 200 7in Tallahassee, Florida. ANDREW C. AGWUNOBI, M.D, Secretary AGENCY FOR HBALTH CARE ADMINISTRAGION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 7 day a 2007 <—L a Oe RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Paul H. Amundsen, Esquire Amundsen & Smith, P.A. 502 East Park Avenue Post Office Drawer 1759 Tallahassee, Florida 32302 Sandra E. Allen, Senior Attorney Agency for Health Care Administration Interoffice Mail Janice Mills Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC. d/b/a ST. JOHN’S NURSING CENTER, Petitioner, -vs- Case No: 04-3378 04-3490RU STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT The parties, ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC. d/b/a ST. JOHIN’S NURSING CENTER (“St. John’s Nursing Center”) and AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or the “Agency”) hereby enter into this Stipulation and Settlement Agreement (“Agreement”) on this VEZ of February, 2005. WHEREAS, On July 1, 2004, St. John’s Nursing Center submitted a request for exemption from certificate of need (“CON”) review pursuant to Section 408.036(3)(j), Florida Statutes (2004), for the addition of 16 nursing home beds to its existing 160-bed nursing home facility in Broward County, AHCA District 10, Subdistrict 10-1; and WHEREAS, Notice of AHCA’s preliminary denial of St. John’s Nursing Center’s request was published by AHCA on August 6, 2004 in the Florida Administrative Weekly, and WHEREAS St. John’s Nursing Center timely filed a petition for formal administrative proceeding challenging the Agency’s preliminary decision, which is pending before the Division of Administrative Hearings as Case No. 04-3378; and WHEREAS, AHCA’s notice of intent to deny St. John’s Nursing Center’s request stated that the exemption was denied because of the applicability of a moratorium that applied to the request; and WHEREAS, St. John’s Nursing Center challenged the Agency’s statement regarding applicability of that moratorium as an invalid, unpromulgated rule, which is pending before the Division of Administrative Hearings as Case No. 04-3490RU; and WHEREAS, AHCA and HRC LLC are in the process of finalizing a Settlement Agreement to resolve G.J.S. Holdings, Inc. d/b/a Hallandale Rehabilitation Center v. AHCA, Case No. 1D03- 5187, Lower case No: 03-15PH. (the “Hallandale” Agreement); and WHEREAS, the Hallandale Agreement was negotiated in conjunction with this Agreement and achieved in part as a result of the willingness of the parties to these consolidated actions to enter into this Agreement; and WHEREAS the parties intend that this Agreement shall be contingent upon the Hallandale Agreement becoming effective; and WHEREAS, the Hallandale Agreement will result in the acknowledgement by AHCA of the validity of License No. 11920961 for a 141 bed skilled nursing facility in Broward County; and WHEREAS, the parties hereto wish to avoid further litigation and to amicably resolve the issues raised in both of these consolidated case Nos. 04-3378 and 04-3490RU; NOW THEREFORE, the parties jointly stipulate and agree as follows: 1. All Recitals above are true and correct and are expressly incorporated herein by reference as if fully set forth below. 2. All parties agree that the above Recitals incorporated herein are binding on the parties. 3. AHCA agrees to accept for expedited review under Section 408.036(2)(c), Florida Statutes (2004) a certificate of need application on behalf of St. John’s Nursing Center for the relocation to its facility of up to 21 nursing home beds currently authorized under the above referenced License No. 11920961. Pursuant to Section 408.036(2)(c), expedited review of such application shall apply only if the proposed relocation is within the same AHCA District, and within 30 miles of the Hallandale Rehabilitation Center on East Hallandale Beach Blvd. in Broward County. AHCA agrees to cooperate with St. John’s Nursing Center as well as with the parties to the Hallandale Agreement regarding the anticipated application for change of ownership, and to coordinate the necessary processes in order to facilitate timely review of St. John’s Nursing Center’s application. AHCA agrees to accept and review the St. John’s Nursing Center application contemporaneously with any change of ownership application filed pursuant to the Hallandale Agreement. AHCA acknowledges that any beds which may be approved, after CON review pursuant to this Agreement, may be located in existing space in the South Wing of the St. John's Nursing Center facility without meeting new codes and standards for new nursing home beds. (Attachment "A" hereto-- 3 page letter of July 27, 2004 with schematic diagram attached)." 4. St. John’s Nursing Center agrees that, upon issuance of a certificate of need and license providing for the relocation of up to 21 licensed nursing home beds to its facility, it will promptly file Notices of Voluntary Dismissal of its petitions for formal administrative proceeding in DOAH Case Nos. 04-3378 and 04-3490RU. 5. The partiés agree to cooperate in requesting and obtaining continuances of these consolidated cases as necessary to allow St. John’s Nursing Center’s CON application to be reviewed and for a certificate of need to be issued pursuant to any approval thereof. : 6 Each party shall bear its own costs and attorneys’ fees. 7. This Agreement shail become effective on the date upon which it is fully executed by all parties hereto. 8. The parties each hereby represent and warrant that their undersigned representative is authorized to execute this Agreement on behalf of the party, and their successors and permitted assigns. 9. This Agreement contains the entire agreement between the parties hereto, and no representations or agreements, oral or otherwise, between the parties not embodied herein or attached hereto shall be of any force or effect. Any additions or amendments to this Agreement subsequent hereto shall be of no force or effect unless in writing and signed by all parties hereto. 10. This Agreement has been made and delivered in Leon County, Florida, and shall be construed and interpreted in accordance with the laws of the State of Florida. Should a legal action be instituted by any party hereto to enforce the terms and conditions of this Agreement, the venue for such legal action shall be Leon County, Florida. 11. _ No statement made or agreed to by either party, as part of this settlement agreement, shall be used as evidence in either of the pending DOAH Case Nos. 04-3378 or 04-3490RU. 12. All parties for themselves and for their related or resulting organizations, 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 settlement, by or on behalf of any of the parties or related facilities. ST. JOHN’S REHABILITATION HOSPITAL AND By” Joseen M.CAreniA Its: Feesioest 4 C2D Date ala [os (See py: lL gor addsH ewal Signatures ) AGENCY FOR HEALTH CARE ADMINISTRATION . py EL eth ws Prputip Stouta airy AOA. Date 3 g OS ELIZABETH DUDEK DEPUTY SECRETARY, VALDA CLARK CHRISTIAN GENERAL COUNSEL AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAN DR., MAIL STOP 3 TALLAHASSEE, FL. 32 Guise Ne OF 93 adi 04-3490 RU a DATED: 5 5S

Docket for Case No: 04-003490RU