STATE OF FLORIDA cam ftoh AGENCY FOR HEALTH CARE ADMINISTRATION AUNOY CLERK . 2008 FER . ODYSSEY HEALTHCARE OF MANATEE FEB 2b 3 32 COUNTY, INC. Petitioner, DOAH CASE NO. 07-1660CON AHCA NO. 2007003689 vs. CON 9963 STATE OF FLORIDA, AGENCY FOR Oe, HEALTH CARE ADMINISTATION, Ke Respondent. tate / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9963, filed by ODYSSEY HEALTHCARE OF MANATEE COUNTY, INC. (hereinafter "Odyssey Healthcare") in the Second Batching Cycle of 2006, requesting a CON to establish a hospice program, which application was denied. Thereafter, Odyssey Healthcare filed at the Division of Administrative Hearings ("DOAH") a Petition for Administrative Hearing with respect to the denial. On January 18, 2008, Odyssey Healthcare filed its voluntary dismissal of the DOAH case. On January 23, 2008, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Odyssey Healthcare and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9963 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 22. day of —Febrvery _, 2008, in Tallahassee, Florida. a —y— ANDREW C. 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 the persons named below on this ZEF day of 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: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mark A. Emanuele, Esquire David A. Fagerstrom, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys for Odyssey Healthcare of Manatee County, Inc. Paul H. Amundsen, Esquire Julia E. Smith, Esquire Susan L. St. John, Esquire Amundsen & Smith Post Office Drawer 1759 Tallahassee, Florida 32302 Attorneys for The Hospice of The Florida Suncoast, Inc. Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Tallahassee, Florida 32302 Attorneys for HCR Manor Care Services of Florida, Inc. Robert D. Newell, Jr., Esquire Newell, Terry & Douglas P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Attorney for TideWell Hospice and Palliative Care, 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: 07-001660CON