STATE OF FLORIDA way ts AD DIVISION OF ADMINISTRATIVE HEARINGS _ 8 GENESIS REHABILITATION HOSPITAL INC., d/b/a BROOKS REHABILITATION HOSPITAL, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. GENESIS REHABILITATION HOSPITAL, INC., Petitioner, Case No. 01-0353 CON 9373 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order. As a result of Genesis Rehabilitation Hospital Inc., d/b/a Brooks Rehabilitative Hospital (“Petitioner”) filing a Notice of Voluntary Dismissal attached hereto as “Exhibit A” and the issuance of an order by of Administrative Law Judge David Maloney, dismissing the case, attached hereto as “Exhibit B”, and it appearing that there are no issues of disputed facts would state as follows. FINDINGS OF FACT 1. Administrative Hearing contesting the Agency for Health Care Administration’s (“Respondent”) Preliminary denial of Certificate of Need (CON) 9373 to add a 40 bed comprehensive medical rehabilitation (CMR) hospital and CON 9374 to add 20 comprehensive medical rehabilitation (CMR) beds. 2. On March 8, 2002, Petitioner filed its Notice of Voluntary Dismissal, dismissing their Petition. On March 12, 2002, Judge Maloney entered the Order Closing Files. 3. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing Files. 4. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to §§ 120.569, 120.57 and 408.039, Fla. Stat. (2001), and Chapter 59C-1, Fla Administrative Code. Based on the foregoing, IT IS ADJUGED THAT: The above-styled case is dismissed and CON number 9374 to add 20 CMR beds to the existing facility in Duval County and CON 9373 to add a 40 CMR beds hospital, AHCA District 4 are denied. 2 a Tep2, vied DONE and ORDERED this__2_ day of MoM Florida. Uy: 7 ty % aS ©. Z XY Rhonda, , MD, Secretary Agenc for Health Care Administration A PARTY WHOIS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEALS IN THE APPELLATE DISTRICT WHERE THE REVIEWPROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF REDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell and Hoffman, P.A. 215 South Monroe Street, Suite 420 P.O. Box 551 Tallahassee, Fl. 32302 Gerald L. Pickett Assistant General Counsel Agency For Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Fl. 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl. 32399-1550 Jeff Gregg AHCA/CON (MS 28) CERTIFICATE OF SERVICE “At é I HEREBY CERTIFY that a true and correct copy of this Final Order was @grvede on the above-named person(s) and entities by U.S. Mail, or the method designated, on this |(Dday of uM am ‘ , 2002. i| ; —T iS tt i AyGiirginia Daire, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865

Docket for Case No: 01-000352CON