GIG -G 7 STATE OF FLORIDA 3 * boty AGENCY FOR HEALTH CARE ADMINISTRATION SOUTH MIAMI HOSPITAL, INC. and VARIETY CHILDREN’S HOSPITAL d/b/a ge MIAMI CHILDREN’S HOSPITAL, CASENO.: 97-1161 L 97-1696, ¢ * Petitioners, CON NO.: 8640 MEE. a) g64t Gas a vs. RENDITION NO.: AHCA-97-400-FO SON Ag Ore: STATE OF FLORIDA, AGENCY FOR A Me HEALTH CARE ADMINISTRATION, 4 Respondent. {ys / J L) CUS ade FINAL ORDER This cause came on before me for the purpose of issuing a final agency order. The Administrative Law Judge assigned by the Division of Administrative Hearings (DOAH) in the above-styled case submitted a Partial Recommended Order to the Agency for Health Care Administration (AHCA). The Partial Recommended Order entered J. Lawrence Johnson by Administrative Law Judge September 19, 1997, is incorporated by reference. RULING ON EXCEPTIONS South Miami seeks a CON to establish a Level Ili neonatal intensive care unit (NICU) with fewer beds than the minimum of 15 required by rule. Mount Sinai Medical Center and South Miami except to the ALJ’s legal conclusion that when a CON applicant seeks a variance to a rule requirement, the variance must be sought pursuant to the procedure established in Section 120.542, Florida Statutes (Supp. 1996). The AL)’s conclusion is also opposed by Bethesda Memorial Hospital as an amicus curiae. The arguments of the Petitioners and the amicus curiae have been carefully considered. I concur with the ALJ’s conclusion and rationale; therefore, the exceptions are denied. FINDINGS OF FACT The agency hereby adopts and incorporates by reference the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW, The agency hereby adopts and incorporates by reference the conclusions of law set forth in the Recommended Order. Based upon the foregoing, it is ADJUDGED, that the applications of Variety Children’s Hospital d/b/a Miami Children’s Hospital and South Miami Hospital, Incorporated, for CONs 8640 and 8641 are DENIED. DONE and ORDERED this ln davenbee. 1997, in Tallahassee, Florida. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION . Cook, Director we A PARTY WHO IS ADVERSELY AFFECTEB’BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS 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 RENDITION OF THE ORDER TO BE REVIEWED. -2- Copies furnished to: J. Lawrence Johnston Administrative Law Judge DOAH, The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Richard Patterson, Esquire Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building Il Tallahassee, FL 32308-5403 Gerald B. Sternstein, Esquire Sternstein, Rainer & Clarke, P. A. 314 North Calhoun Street Tallahassee, FL 32301 Wendy A. Delvecchio, Esquire Blank, Rigsby & Meenan, P. A. . 204 South Monroe Street Tallahassee, FL 32301 Thomas D. Watry, Esquire Parker, Hudson, Rainer & Dobbs 1500 Marquis Two Tower 285 Peachtree Center Avenue, NE Atlanta, GA 30303 Kenneth Hoffman, Esquire Oertel, Hoffman, Fernandez & Cole, P. A. Post Office Box 6507 Tallahassee, FL 32314-6507 Elfie Stamm (AHCA/CON) CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addresses by U. S. Mail this LX day of , 1997. 11/6/97 State of Florida, Agency for Health Care Administration 2 727 Mahan Drive, Suite 3431 Fort Knox Building II Tallahassee, FL. 32308-5403 (904)922-3808 -3- . S. Power, Agency Clerk — _

Docket for Case No: 97-001161CON

Orders for Case No: 97-001161CON