STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION E D . der Fe rn ON ORANGE PARK MEDICAL CENTER, INC., peALTH CARE ADE! reat d/b/a ORANGE PARK MEDICAL CENTER, DEPUTY (CLERK Petitioner, : a DATE, (a vs. CASE No. 00-3213 /17' ne : CON No. 9299 Rendition no. AHCA-2: AGENCY FOR HEALTH CARE i ADMINISTRATION, \ Respondent. i i FINAL ORDER THIS CAUSE CAME « on a before me for the purpose of i issuing a final agency order, it appearing from the Settlement Agreement, attached hereto, that there areno _ disputed issues of fact. 1 “The parties executed the Settlement Agreement in the al jove-styled m ter 2. The Agency hereby adopts and incorporates byte reference the Settement Agreement. 7 3 There are no remaining disputed issues of fact orlaw. * a 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. (2000). Based on the foregoing, IT IS ADJUDGED that the parties are to comply with the terms of the attached Settlement Agreement. ~ DONE and ORDERED this__/ 7 day of Lyoul , 2001, in Tallahassee, Florida. Ruben J. Kifg-Shaw, Jr., Secretary Agency for Health Care Administrati 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. Copies Furnished to: Stephen A. Ecenia Rutledge, Ecenia, Purnell & Hoffman, PA 215 South Monroe Street, Suite 420 Tallahassee, Florida 32301 Richard A. Patterson Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Julie Gallagher Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 "CON Office (AHCA) D oO A H CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail or hand delivery, this LO day of 2001, to the above-named people. } R.S. Power, Agency Clerk . - Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3. Tallahassee, Florida 32308-5403 (850) 922-5865 ae STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS a ORANGE PARK MEDICAL CENTER, INC. d/b/a ORANGE PARK MEDICAL CENTER, Petitioner, vs. CASE NO. 00-3213 ; CON NO. 9299 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT ee eS OU Petitioner, Orange Park Medical Center, Inc. d/b/a Orange Park Medical Center (range Park), and Respondent, Agency for Health Care Administration (AHA), by. and through the undersigned and pursuant to Section 120.57(4), Fla Stat. (2000), hereby spate and agree, as follows: 1. A weighing of all applicable statutory and rule review criteria reveals that Orange : Park’s application for certificate of need (CON) number 9299 should be granted and approved " under the circumstances set forth below. | 2. “Upon e execution of this Stipulation and Settlement Agreement, Orange Park and AHCA hereby jointly ux move to remand this matter to 5 the ‘Agency for entry of a Final Order approving CON No. 9299. _AHCA agrees to enter a Final Order issuing CON No. 9299. Within thirty (30) days s of receipt of the issued CON No. “9299, Orange Park shall file a request for modification pursuant to Fla. Admin. Code R. 59C-1 .019(2) to reduce the number of beds granted by CON No. 9299 from thirty-eight (38) to eleven (11) beds. Orange Park shall only implement eleven (11) of the thirty-eight (38) beds approved by CON No. 9299. The date of _ issuance of CON No. 9299 for the purpose of Section 408.040, Fla. Stat. (2000), and Fla. Admin. Code R. 59C-1.013 shall be the date specified in Fla. Admin. Code R. 59C-1.0105(3). 3.0 | CON No. 9299 shall have the following conditions placed upon it: a. __ The beds will be located at Orange Park Medical Center, 2001 Kingsley Avenue, Orange Park, Florida 32073; . b. For the beds awarded pursuant to CON No. 9299, a minimum of one percent (1.0%) of total annual patient days of care will be provided to charity care patients; . c. For the beds awarded pursuant to CON No. 9299, a minimum of three and / two-tenths percent (3.2%) of total annual patient days of care will be provided to Medicaid patients; and - d. In conformity with the Health Planning Cousel of Northeast Florida, Inc. s ON Generic Preferen ° State t at #3, no o patent will be refused on the sole basis that the patient is HIV infected. sete all bear its own attomey’ s fees and. costs. : 5 . ‘The CON awarded though # this Sipultion and Settlement Agreement shall not . be transfered. _ This Agreement is binding on the © parties’ successors and assigns. - DATED THs _./ ) tay o¢ GULL , 2001. ORANGE PARK MEDICAL CENTER, INC. d/b/a ORANGE PARK MEDICAL CENTER ay ST. IN A. E Rutledge, Ecenia, Purnell & Hoffman, PA 215 South Monroe Street, Suite 420 Tallahassee, Florida 32301 (850) 681-6788 AGENCY FOR HEALTH CARE ADMINISTRATION RICHARD ni PATTERSON Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 ig . Managed Care & Health Quality ’ 2727 Mahan Drive, Mail Stop #9 Tallahassee, Florida 32308 (850) 414-0357

Docket for Case No: 00-003213CON