STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION WELLINGTON REGIONAL MEDICAL CENTER, INC., d/b/a WELLINGTON REGIONAL MEDICAL CENTER, Petitioner, vs. Case No. 01-2870CON “DMV CON 9456 Oo STATE OF FLORIDA, AGENCY FOR a HEALTH CARE ADMINISTRATION, Respondent, and COLUMBIA PALMS WEST HOSPITAL, L.P., d/b/a PALMS WEST HOSPITAL, Intervenor. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge David Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there areno disputed issues of fact. FINDINGS OF FACT 1. On November 28, 2001, Petitioner filed its Notice of Voluntary Dismissal. On December 3, 2001, Administrative Law Judge Maloney entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. ke TOPE RRR or SRE IER + 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. (2001). } Based on the foregoing, IT IS ADJUDGED THAT: Wellington Regional’s petition challenging the denial of Certificate of Need (CON) Application Number 9456 for the addition of up to 23 acute care beds in Palm Beach County at Wellington Regional Medical Center, AHCA District 9, Subdistrict 5, is dismissed. — , DONE and ORDERED this__!7_ day of ARMs, ,» in Tallahassee, Florida. onda M. Medows, MD, Secretary Agency for Health 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 OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES 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 RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Stephen A. Ecenia, Esq. ” Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 P.O. Box 551 Tallahassee, Florida 32302-0551 (U.S. Mail) as i lt ee ee A en Robert D. Newell, Jr., Esq. 817 N. Gadsden St. Tallahassee, Florida 32303-6313 (U.S. Mail) John F. Gilroy Senior Counsel Agency for Health Care Administration (Interoffice Mail Stop #3) David Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (U.S. Mail) CON Office (Interoffice Mail Stop #28) CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this 4 day of Libris, 2001, to the above-named people. JFG/sr # Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 ore ge oe ee oe reer Me RRR coe rE CR LET LTT TR ET ELT RET RTA TRE FERRER Te ME ERR aR serene ree oe Te TERRE STATE OF FLORIDA :: 3 DIVISION OF ADMINISTRATIVE seshineg os 52 S 02 FEB “8 WELLINGTON REGIONAL MEDICAL CENTER, INC., d/b/a _ WELLINGTON REGIONAL MEDICAL CENTER, Petitioner, vs. Case No.: 01-2870CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and - COLUMBIA PALMS WEST RECEIVED HOSPITAL, L.P., dib/a PALMS | GENERAL COUNSEL WESTHOSPITAL, . gy 29 2001 Intervenor. : Agency for Health / - Care Administration . NOTICE OF VOLUNTARY DISMISSAL Wellington Regional Medical Center, Inc. (“Wellington”) voluntarily dismisses, with prejudice, its Petition in Case No. 01-2870CON which challenges the denial of Wellington’s CON 9456 to add up to 23 acute care beds at Wellington Regional Medical Center located in District 9, Palm Beach County. ee FOOT REE RECS RE ERT TE DF Sd SOCCER ETE TE SRR T= oe ree Respectfully submitted this me of November, 2001. NEWELL & TERRY, P.A. 817 North Gadsden Street Tallahassee, Flofda 32303-6313 (850/687-3883 ~ Attorney for W lington Regional Medical Center, Inc. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to: Richard Patterson and John Gilroy, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, Florida 32308 and to Stephen A. Ecenia and Tom Konrad, Rutledge, Ecenia, Purnell & “YY” Hoffman, P.A., P. O. Box 551, Tallahassee, Florida 32302-0551 this25 day of November, 2001. Attor Rp ee oe ee o2 FEB -8 AR 5:82 DEG * 5 Resa Leeney tor Hea, ith WELLINGTON REGIONAL MEDICAL CENTER, INC., d/b/a WELLINGTON REGIQNAL MEDICAL CENTER, Petitioner, vs. Case No. 01-2870CON AGENCY FOR HEALTH CARE ADMINISTRATION and MERCY MEDICAL DEVELOPMENT, INC., ‘Respondents, and COLUMBIA PALMS WEST HOSPITAL, L.P., d/b/a PALMS WEST HOSPITAL, eee eee a a Oe _ Intervenor. ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed November 29, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for February 25 through March 1, 2002, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. care baat a eae ead oO STETEE ToTgge erRRERAB Ski ook add COREE ET eR ore aOR ET Sn mere DONE AND ORDERED this 3rd day of December, 2001, in 02 Tallahassee, Leon County, Florida. de, DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing. (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 2001. COPIES FURNISHED: Stephen aA. Ecenia, Esquire Rutledge, Ecenia, Purnell and Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Robert D. Newell, Jr., Esquire Newell ¢& Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Richard A. Patterson, Esquire Agency for Health Care Administration 2727 Mahan Drive Building Three, Suite ‘3431 Tallahassee, Florida 32308-5403 cen ee oe ie El ee eel DAA dl A a a le

Docket for Case No: 01-002870CON