eee Parenr en om i ime CO an , ; STATE OF FLORIDA : me _ AGENCY FOR HEALTH CARE ADMINISTRATION APR H.O.P.E. OF LEE COUNTY, INC., ws _ d/b/a HOPE HOSPICE & PALLIATIVE ~ CARE, Petitioner, uz xe Qe" Bak , VS. : Case No. Seaton CON No. 9244 Oro RENDITION NO.: AHCA-00- 0 sic AGENCY FOR HEALTH CARE m ADMINISTRATION, : Respondent. /. _ HINAL ORDER THIS CAUSE CAME on before me for the purpose of issuing a final agency order, it appearing froma the Settlement Agreement and Order Closing File, attached _ hereto, that there are no disputed is issues of fact. . 1. On March 1 and 2, 2000, the parties executed and filed the Settlement Agreement in the above-styled matter. : 2. On March 8, 2000, Administrative Law Judge Hunter entered the Order Closing File. . : 3. . The Agency hereby adopts and incorporates by reference the Settlement Agreement and Order Closing File. | 4. There are rlo remaining disputed issues of fact or law. a ee Ant i A A tte eh LD EA ELTA AE ws i | CONCLUSIONS OF LAW : The Agency for Health Care Administration has jurisdiction over the parties and - subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (1999). Based on the foregoing, ITIS ADJUDGED that the ear are to © comply wi Settlement Agreement. DONE and ORDERED this gh _day of Aomi , 2000, in Tallahassee, Florida. uben J 24, aw, Jr., Director cy for Fiealth Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OR AHCA, AND A SECOND COPY, ALONG WITH THE 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. A NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS FILED AT THE OFFICE OF THE AGENCY CLERK. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE. eR Re A A ‘ ‘ i | ! 1 { Eleanor M. Hunte: : Administrative Law] Judge Rs wi H. Darrell White _ McFarlain, Wiley, Cassedy & Jeo ones, P 215 S. Monroe Street, Suite 600 Tallahassee, Florida 32301 Richard A. Patterson Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308-5403 Jeff Gregg (AHCA) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true e and correct copy of the foregoing has been furnished by U.S. Mail or hand delivery, this & day of “A __, 2000, to the above-named people. .S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (850) 922-5865 oe li, Z of. . ° @. STATE OF FLORIDA _ he DIVISION OF ADMINISTRATIVE HEARINGS fa, C.D H.O.P.E. OF LEE COUNTY, INC., d/b/a HOPE HOSPICE & PALLIATIVE ADMINISTRATION, | Respondent. | SETTLEMENT AGREEMENT Petitioner, H.O.P.E OF LEE COUNTY, d/b/a HOPE HOSPICE & PALLIATIVE CARE, and Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION, by and through its undersigned counsel and pursuant to Section 120.57 (4), Fla. Stat. (1999), hereby stipulate and agree as follows: 1. A weighing of all applicable statutory and rules review criteria reveals that Petitioner’s application for Certificate of Need (CON) No. 9244 should be granted. 2. Upon execution and filing of this Settlement Agreement, and receipt of an order from an administrative law judge remanding the case, Respondent shall enter a Final : , Order issuing CON No. 9244 to Petitioner for the construction of a twenty-four (24) bed freestanding inpatient hospice facility in Hospice Service Area 8C. i : : i ra 3. CON No. 9244 shall have the following condition placed upon it: A minimum . of five and nine/tenths percent (5.9%) of total annual patient days of care will be provided to Medicaid patients. 4. The issuance date of CON No. 9244 shall be the date of issuance of the Final vida tig nace 7 ae “ ee ee 5. Each party shall bear its own attorney’s fees and costs. 6. The parties stipulate and agree that this Settlement Agreement is a legal and _ binding document and is fully enforceable in any Court of competent jurisdiction. The signatories hereto represent and warrant that they are vested with the authority to execute this Settlement Agreement on behalf of their respective principals, and as duly designated representatives, to fully bind such principals. 7. This agreement is binding on the parties’ successors and assigns. Dated this [xt day fF, H.O.P.E. OF LEE COUNTY, INC., AGENCY FOR HEALTH CARE d/b/a HOPE HOSPICE & PALLIATIVE ADMINISTRATION CARE | H. DARRELL che RICHARD A. PATTERSON , McFarlain, Wiley, Cassedy & Jones, P.A. Assistant General Counsel 215 S. Monroe Street, Suite 600 _ Agency for Health Care Administration Tallahassee, Florida 32301 2727 Mahan Drive, Mail Stop #3 (850) 222-2107 Tallahassee, Florida 32308 (850) 921-0057 ULIE GALLAGHER General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 PETE Bt IGAS, ck (7) Mahan Drive, Mail Stop # Tallahassee, Florida 32308 (850) 414-0357

Docket for Case No: 00-000257CON