STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS IM CCE=1 DI: 44 HALIFAX HOSPICE, INC. d/b/a HOSPICE OF VOLUSIA-FLAGLER, Petitioner, DOAH Case No. 08-1305CON AHCA Case No. 2008003211 . vs. CON Nos. 9999-10002, 10904 -~: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; ADVENTA HOSPICE SERVICES OF FLORIDA, INC.; COMPASSIONATE CARE HOSPICE OF FLORIDA, INC.,; CROWN HOSPICE, INC.; HCR MANOR CARE SERVICES OF FLORIDA, INC.; and NORTH CENTRAL FLORIDA HOSPICE, INC., Respondents. VITAS HEALTHCARE CORPORATION OF CENTRAL FLORIDA, INC., Petitioner, DOAH Case No. 08-1640CON AHCA Case No. 2008004125 vs. CON Nos. 9999, 10000, 10001, 10002, 10004 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; ADVENTA HOSPICE SERVICES OF FLORIDA, INC.; COMPASSIONATE CARE HOSPICE OF FLORIDA, INC.; CROWN HOSPICE, INC; HCR MANOR CARE SERVICES OF FLORIDA, INC.; and NORTH CENTRAL FLORIDA HOSPICE, INC., Respondents. NORTH CENTRAL FLORIDA HOSPICE, INC. d/b/a HAVEN HOSPICE, Petitioner, DOAH Case No. 08-1944CON vs. CON Nos. 9999 — 10000, 10002 and 10004 | STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; ADVENTA HOSPICE SERVICES OF FLORIDA, INC.; COMPASSIONATE CARE HOSPICE OF FLORIDA, INC.; and HCR MANOR CARE SERVICES OF FLORIDA, INC., Respondents. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application Nos. 9999 through 10002 and 10004 filed in the Second Batching Cycle of 2007. ) CON Application No. 9999 was filed by ADVENTA HOSPICE SERVICES OF FLORIDA, INC. (“Adventa”), requesting a CON to establish a hospice program, which was denied. Adventa timely filed a Petition for Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (‘DOAH”) and was assigned DOAH Case No. 08-1584. CON Application No. 10000 was filed by COMPASSIONATE CARE HOSPICE OF FLORIDA, INC. (“CCH”), requesting a CON to establish a hospice program, which was denied. CCH timely filed a Petition for Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to DOAH and assigned DOAH Case No. 08-1639. | CON Application No. 10001 was filed by CROWN HOSPICE, INC. (*Crown”), requesting a CON to establish a hospice program, which was denied. However, Crown did not file a Petition for Administrative Hearing. CON Application No. 10002 was filed by HCR MANOR CARE SERVICES OF FLORIDA, INC. (“HCR”), requesting a CON to establish a hospice program, which was denied. HCR timely filed a Petition for Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to DOAH and assigned DOAH Case No. 08-1641. CON Application No. 10004 was filed by NORTH CENTRAL FLORIDA HOSPICE, INC. d/b/a HAVEN HOSPICE (“Haven Hospice”), requesting a CON to establish a hospice program which was approved. Haven Hospice filed a Petition for Administrative Hearing in support of the decision by the Agency to approve Haven Hospice’s application and deny the other applications, and that Petition was assigned DOAH Case No. 08-1944. CON Applications No. 9999 ~ 10002 and 10004 were filed by VITAS HEALTHCARE CORPORATION OF CENTRAL FLORIDA, INC. (“VITAS”) filed a Petition for Administrative Hearing, challenging the preliminary approval of CON Application No. 10004 and supporting the denial of CON Applications 9999 ~ 10002, which was forwarded by the Agency Clerk to DOAH and assigned DOAH Case No. 08-1640. HALIFAX HOSPICE, INC. d/b/a HOSPICE OF VOLUSIA-FLAGLER (*Volusia-Flagler”). timely filed its Petition for Administrative Hearing challenging the preliminary approval of CON Application No. 10004 and supporting the denial of CON Applications No. 9999 - 10002. That Petition, was forwarded by the Agency Clerk to DOAH and assigned DOAH Case No. 08-1305. All six of the cases were consolidated. On May 6, 2008, Adventa filed its voluntary dismissal! of its Petition concerning CON Application No. 9999, On June 3, 2008, an Order Closing File was issued by DOAH as a result of Adventa’s voluntary dismissal. On June 18, 2008, the Agency filed its Final Order in DOAH Case No. 08-1584 denying Adventa’s CON Application No. 9999. On April 10, 2008, CCH filed its voluntary dismissal of CON Application No. 10000. On April 14, 2008, an Order Closing File was issued by DOAH as result of CCH’s voluntary dismissal. On April 30, 2008, the Agency filed its Final Order in DOAH Case No. ’ 08-1639 denying CCH’s CON Application No. 10000. Crown did not participate in the DOAH proceedings and has no Petition to be dismissed before this Final Order can be entered denying its CON Application No. 10001. . On June 13, 2008, HCR filed its voluntary dismissal of CON Application No. 10002. On June 16, 2008, an Order Closing File was issued by DOAH as a result of HCR’s voluntary dismissal. On August 14, 2008, the Agency filed its Final Order in DOAH case No. 08-1641 denying HCR’s Application No. 10002. On July 18, 2008, VITAS filed its voluntary dismissal of its Petition concerning CON Applications No. 9999 - 10002 and 10004. On July 18, 2008, an Order Closing File in Case No. 08-1640 was issued by DOAH as a result of VITAS’ voluntary dismissal. Before July 24, 2008, previously entered Final Orders had denied CON Applications No. 9999, 10000 and 10002, thus resolving DOAH Cases No. 08-1584, 08-1639, and 08-1641. Remaining open and unresolved until then were CON Application Nos. 10001 and 10004, and DOAH Cases No. 08-1305, 08-1640 and 08-1944. On July 24, 2008, the remaining parties in these open cases, Haven Hospice, Volusia-Flagler and the Agency, filed a Joint Motion for Remand, stating that the parties have resolved their differences and there are no outstanding issues of fact and asking that DOAH relinquish jurisdiction and remand the matter to the Agency for entry of a Final Order. On July 25, 2008, an Order Closing Files in Case No. 08-1305 and 08- 1944 was issued by DOAH as a result of the Joint Motion for Remand. It is therefore ORDERED and ADJUDGED: 1. The Joint Motion for Remand entered into by the remaining parties and the DOAH Orders Closing Files in DOAH Case Nos. 08-1305 and 08-1944 are hereby acknowledged and accepted. 2. CON Application No. 10001 is hereby denied. 3. CON Application No. 10004 is hereby approved and the Agency shall issue Certificate of Need No. 10004 to North Central Florida Hospice, Inc. d/b/a Haven Hospice as recommended in the State Agency Action Report dated February 22, 2008. 4. The above-styled cases are hereby closed. DONE and ORDERED this 20° day of Septimbey _, 2008, in bet BENSON, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION Tallahassee, Florida. 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. Mail or interoffice mail to the persons named below on this _4°=— day of _(ifo4e-7;, 2008. a 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, FL 32399-3060 Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge, Ecenia & Purnell, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, FL 32302-0551 Attorneys for HCR Manor Care Services of Florida, Inc. Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, FL 32302 Attorney for Adventa Hospice Services of Florida, Inc. W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P. A. Post Office Box 15828 Tallahassee, FL 32317 Attorneys for Compassionate Care Hospice of Florida, Inc. Robert D. Newell, Esquire Newell, Terry & Douglas, P. A. 817 North Gadsden Street Tallahassee, FL 32303-6313 Attorney for Halifax Hospice, Inc. d/b/a Hospice of Volusia-Flagler R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, FL 32302 Attorney for North Central Florida Hospice, Inc. d/b/a Haven Hospice Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, FL 32308 Attorneys for Vitas Healthcare Corporation of Central Florida, Inc. Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, FL 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail)

Docket for Case No: 08-001305CON