. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ‘ TALLAHASSEE MEDICAL CENTER, INC. d/b/a CAPITAL REGIONAL MEDICAL CENTER, ; DOAH Case No. 05-3135 Petitioner, " AHCA Nos. 2005006379 Vs. . RENDITION NO.AHCA 06-0023 S-OLC STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, “Respondent: ” FINAL ORDER The Agency for Health Care Administration, having entered into a Joint Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well ‘advised in the premises, decides as follows: The attached Joint Stipulation and 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 Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED that: 1. The parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. 2. The above-styled case is hereby dismissed. DONE and ORDERED this day of Gtceetey __, 2006, in Tallahassee, Leon County, Florida. . Alan th a 7 Z 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED, BY LAW, IN THE DISTRICT COURT OF APPEAL 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 RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Michael ©. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Dr., Suite 3808-D Tallahassee, Florida (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) Jean Lombardi Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) 4, Stephen A. Ecenia, Esquire: Richard M. Ellis, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. ; 215 South Monroe St., Suite 420 Tallahassee, FL 32302 i (U.S. Mail) cs ' Don W. Davis Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 (Inter-office Mail) Wendy Adams (Inter-office Mail) ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this /*day of Fefnecy , 2006. | Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ~ TALLAHASSEE MEDICAL CENTER, INC., d/b/a CAPITAL REGIONAL MEDICAL CENTER, Petitioner, ' vs | ; CASE NO.: 05-3135 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ‘ a / ja SETTLEMENT STIPULATION AND AGREEMENT This Settlement Stipulation and Agreement is entered into as of the date(s) below, by and between TALLAHASSEE MEDICAL CENTER, INC., d/b/a CAPITAL REGIONAL MEDICAL opie | CENTER (“CRMC”) and the AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA"), | upon the following recitals and terms. WHEREAS, on June 8, 2005, CRMC submitted to AHCA a completed Application for Hospital Emergency Service Exemption (form AHCA 3000-1, revised August, 2003), requesting that AHCA grant a partial emergency services exemption in the specialty of oral-maxillofacial surgery pursuant to Section 395.1041(3)(d)3., Florida Statutes; WHEREAS, on July 25, 2005, AHCA issued a letter (the “initial denial") denying the Application; WHEREAS, on August 11, 2005, CRMC timely filed a Petition for Formal Administrative Hearing (the “Petition”), challenging the initial denial; WHEREAS, CRMC and AHCA thereafter engaged in good-faith discussions to resolve this case without the necessity of a final hearing; ; WHEREAS, CRMC and AHCA have since come to an agreement that CRMC meets the requirements of Section 395.1041(3)(d)3., Florida Statutes for a partial emergency services exemption in the specialty of oral-maxillofacial surgery; NOW, THEREFORE, CRMC and AHCA stipulate and agree as follows: lL. This Settlement Stipulation and Agreement is intended to resolve the above-styled case in its entirety, and to avoid the time and expense of continued litigation. The parties enter into this Settlement Stipulation and Agreement freely and voluntarily. The Settlement'Apreement and Stipulation shall not be construed as an admission by AHCA of any of the particular allegations of the Petition. 2 Upon further consideration following the initial denial, it is determined that CRMC meets the requirements for a partial service exemption for emergency oral-maxillofacial surgery services. Accordingly, CRMC is required to provide emergehcy oral-maxillofacial surgery services for an average of 20 days per month. . 3. The partial service exemption for emergency oral-maxillofacial surgery services is valid through Capital Regional Medical Center’s current licensure period, ending August 25, 2007. In order to continue this partial service exemption beyond the current licensure period, an updated Application for Service Exemption must be submitted at the time of licensure renewal, at least 90 days prior to expiration of the hospital’s license. 4. Upon execution of this Settlement Stipulation and Agreement by both parties, counsel for CRMC shall file a motion, which is hereby deemed agreed to, with the Division of Administrative Hearings to relinquish jurisdiction of this case to AHCA for entry of a Final Order tw adopting this Settlement Stipulation and Agreement. 5. CRMC waives its right to a judicial appeal of AHCA’s Final Order so long as the terms of the Final Order are limited in substance to the adoption of this Settlement Stipulation and Agreement. CRMC further waives any right to proceedings in any other judicial or administrative i} 1 forum so long as the terms of the Final Order are limited in substance to the adoption of this ’ Settlement Stipulation and Agreement. 6." +» CRMC and AHCA shall each bear their own attorney’s fees and costs. 7. The undersigned represent that they have authority to bind their respective principals to the terms of this Settlement Stipulation and Agreement. | STIPULATED TO AND AGREED by the undersigned on the dates indicated: ta Mile te aay me ELIZABETH DUDE . ST. A. EC Deputy Secretary os RICHARD M. ELLIS Division of Health Quality Assurance Rutledge, Ecenia, Purnell & Hoffman, P.A. Agency for Health Care Administration 215 South Monroe St., Suite 420 2727 Mahan Drive, Building 1 Tallahassee, FL 32302-0551 Tallahassee, Florida 32308 (850) 681-6788 (850) 414-9796 Attorneys for CRMC Date:' Ulagfes Date: KRY of CC leucta Crlemar CHRISTA CALAMAS General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 (850) 922-5873 Date: fi 7/0@

Docket for Case No: 05-003135