STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION KINDRED HOSPITALS EAST, 2008 FEB 21 A & Ob LLC, Petitioner, DOAH Case No. 07-0589CON vs. AHCA No. 2007000894. CON No. 9948 o STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, aan Respondent. _/ MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC., Petitioner, DOAH Case No. 07-0590CON AHCA No. 2007000725 vs. CON No. 9949 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / PROMISE HEALTHCARE OF FLORIDA XI, INC., Petitioner, DOAH Case No. 07-0591CON vs. AHCA No. 2007000887 CON Nos. 9947 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SELECT SPECIALTY HOSPITAL - DADE, INC., Petitioner, DOAH Case No. 07-0592CON vs. AHCA No. 2007000727 CON No. 9950 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. _/ FINAL ORDER THIS CAUSE concerns the Petitions for Formal Administrative Proceedings that Petitioners, KINDRED HOSPITALS EAST, LLC (hereinafter “Kindred”), Certificate. of Need (“CON”) Application No. 9948, filed on January 19, 2007; MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. (hereinafter “Miami Jewish”), Certificate of Need (“CON”) Application No. 9949, filed on January 12, 2007; PROMISE HEALTHCARE OF FLORIDA, XI, INC. (hereinafter “Promise”), Certificate of Need (“CON”) Application No. 9947, filed on January 19, 2007; and, SELECT SPECIALTY HOSPITAL- DADE, INC. (hereinafter “Select- Dade”), Certificate of Need (“CON”) Application No. 9950, filed on January 16, 2007. Each Petitioner filed an application in the Second Batching Cycle of 2006, requesting a CON to establish a long-term care hospital. All of the applications were denied. On February 2, 2007, the Petitions were forwarded to the Division of Administrative Hearings ("DOAH”) by the Agency and assigned to an ALJ. On February 12, 2007, the ALJ consolidated the above cases. The above Petitions are related to the Agency’s denial of Certificate of Need Applications 9947, 9948, 9949, and 9950. On January 15, 2008, Kindred and Miami Jewish filed a Notice of Voluntary Dismissal of their Petitions. On January 3, 2008, Promise filed a Notice of Voluntary Dismissal of its Petition. On January 16, 2008, Select-Dade filed a Notice of Voluntary Dismissal of its Petition. On January 4, 2008, an Order Closing File in Promise, DOAH Case No. 07-0591, was issued by DOAH as a result of the voluntary dismissal. On January 17, 2008, an Order Closing File in Select-Dade, DOAH Case No. 07-0592, was issued by DOAH as a result of the voluntary dismissal. On January 17, 2008, an Order Closing File in the Kindred, DOAH Case No. 07-0589, and Miami Jewish, DOAH Case No. 07-0591, was issued by DOAH as a result of the voluntary. dismissals. It is therefore ORDERED and ADJUDGED: The Petitions for Formal Administrative Proceedings pending before the Agency are hereby closed. The Agency’s denials of Certificate of Need Applications 9947, 9948, 9949, and 9950 are upheld. DONE and ORDERED this _\ day of _Febwars _, 2008, in Tallahassee, Florida. ANDRE -AGWUNOBI, M.D., 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 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 *_ day of the persons named below on this _22/ RICHARD J. SHOOP, Agency Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant P.A. Post Office Box 1110 ; Tallahassee, Florida 32302-1110 Attorney for Kindred Hospitals East, LLC W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins and Associates P.A. Post Office Box 15828 - Tallahassee, Florida 32317-5828 Attorneys for Miami Jewish Home and Hospital for the Aged, Inc. F. Philip Blank, Esquire Blank and Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Attorney for Promise Healthcare of Florida XI, Inc. Mark A. Emanuele, Esquire Panza, Maurer & Maynard, P.A. 3600 North Federal Highway, Floor 3 Fort Lauderdale, Florida 33308 Attorney for Select Specialty Hospital - Dade, Inc. Sandra E. Allen, 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: 07-000590CON