FILED STATE OF FLORIDA AHA DIVISION OF ADMINISTRATIVE HEARINGS asenc? CLERK Wt JAN -9 A SQ: TARPON SPRINGS HOSPITAL FOUNDATION, INC. d/b/a HELEN ELLIS MEMORIAL HOSPITAL, Petitioner, DOAH CASE NO. 06-3810CON AHCA CASE NO. 2006008719 vs. CON NO. 9926 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and MORTON PLANT HOSPITAL | ASSOCIATION, INC. d/b/a MORTON PLANT HOSPITAL and HCA HEALTH SERVICES OF FLORIDA, INC. d/b/a REGIONAL MEDICAL CENTER BAYONET POINT, Intervenors. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9926, which was filed by TARPON. SPRINGS HOSPITAL FOUNDATION, INC. d/b/a HELEN ELLIS MEMORIAL HOSPITAL (hereinafter "Helen Ellis’) in the First Batching Cycle of 2006, requesting a CON to establish an adult open heart surgery program. The application was denied. Thereafter, Helen Ellis timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings ((DOAH”). On December 1, 2008, Helen Ellis filed its voluntary dismissal of the DOAH case. On December 2, 2008, an Order Relinquishing Jurisdiction and Closing File was issued by DOAH as a result of the voluntary dismissal. “It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Helen Ellis and the Order Relinquishing Jurisdiction and Closing File by DOAH are _ hereby acknowledged and accepted. 2. CON Application No. 9926 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 1 day of paar) , 2009 in Tallahassee, Florida. HOLLY ydvtners Secretary AGENCY FOR HEALTH CARE ADMINISTRATION 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 2 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 of Jenuwery , rood RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #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 Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, Florida 32308 ATTORNEYS FOR TARPON SPRINGS HOSPITAL FOUNDATION, INC. D/B/A HELEN ELLIS MEMORIAL HOSPITAL R. David Prescott, Esquire Stephen A. Ecenia, Esqurie Rutledge, Ecenia, & Underwood, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 ATTORNEYS FOR HCA HEALTH SERVICES OF FLORIDA, INC. d/b/a REGIONAL MEDICAL CENTER BAYONET POINT Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 ATTORNEYS FOR MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT HOSPITAL Karin M, Byrne, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 06-003810CON