STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION — £2.23. 02 MARION-CITRUS MENTAL HEALTH CENTER, INC., Petitioner, C /o3 e 0 vs. Case No. 01-2914CON CON NO. 9422 STATE OF FLORIDA, AGENCY FOR HEALTH CARE = RENDITION NO.: AHCA-02-9109-S-CON ADMINISTRATION, Respondent. FINAL ORDER wo The Agency for Health Care Administration having entered into a Stipiation and Settlement Agreement dated April 11, 2002, with the party to these proceedings, and being otherwise well advised in the premises, decides as follows: 1, On April 15, 2002, Petitioner filed a Joint Motion to relinquish jurisdiction and remand and on April 15, 2002, DOAH entered an Order Closing file. 2. The attached stipulation and settlement agreement is approved and adopted as a part of this final order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 3. THEREFORE, it is ORDERED and ADJUDGED that CON 9422 to convert 40 crisis stablilization/detozification beds to 40 adult inpatient psychiatric beds, AHCA District 3 shall be issue. DONE and ORDERED this |4_day of April, 2002 in Tallahassee, Leon County, Florida. onda M. Medows, M.D., 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, 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 THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: John F. Gilroy, Senior Counsel Agency for Health Care Administration Mail Stop #3 (Interoffice Mail) William B. Wiley, Esq. McFarlain & Cassedy, P.A. 215 South Monroe Street, Suite 600 Tallahassee, Florida 32301 (U.S. Mail) CON Office Mail Stop #28 (Interoffice Mail) State of Florida Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. Mail) . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees on this +7 day of April, 2002. Virginia Bore Agency Clerk Agency for Health Care Administration JFG/sr STATE OF FLORIDA am ff DIVISION OF ADMINISTRATIVE HEARINGS = 8 Som MARION-CITRUS MENTAL OV: HEALTH CENTERS, INC., ADMINIS TRetiye SETAE petits HEARINGS Petitioner, CASE NO. 01-2914CON vs. CON NO. 9422 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT THIS STIPULATION AND SETTLEMENT AGREEMENT is entered into 74 ae this lua day of g , 2002, by and between Marion-Citrus Mental Health Centers, Inc. d/b/a Marion Citrus Mental Health Center ("“Marion-Citrus”), and the Agency for Health Care Administration (“AHCA” or “Agency”). Recitations WHEREAS, on or about March 14, 2001, Marion-Citrus filed Certificate of Need ("CON”) application No. 9422 seeking authority to convert 40 crisis stabilization/detoxification beds licensed under Chapter 394, Florida Statutes, to 40 adult inpatient psychiatric beds licensed under Chapter 395, Florida Statutes, in District 3, Florida; and WHEREAS, Marion-Citrus received notice of the Agency's denial of its CON application No. 9422 through a review of Volume 27, No. 26, Florida Administrative Weekly (June 29, 2001); and WHEREAS , Marion-Citrus filed a Petition challenging the Agency's denial of CON 9422; and WHEREAS, Marion-Citrus’ Petition was referred to DOAH and assigned DOAH Case No. 01-2914 CON; and WHEREAS, this case is currently in a state of abeyance pursuant to the Administrative Law Judge’s Order of February 26, * 2002; and WHEREAS, the Agency has reviewed all available information and has determined that CON application No. 9422 satisfies the applicable statutory and rule criteria and should be approved; and WHEREAS, the parties to this Agreement seek to resolve the -_pending dispute and controversies without the need for further litigation, and have determined that it is in the best interest of sound health planning and health care delivery to resolve their differences in a cooperative, amicable and orderly fashion, and in a manner consistent with and intended to further the goals and objectives of the Florida certificate of need laws; and WHEREAS, the parties hereto stipulate and agree that this Settlement Agreement does in fact foster, facilitate and further the goals and objectives set forth above. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each party individually stipulates and agrees as follows: COVENANTS 1. The Agency hereby agrees to grant Marion-Citrus’ CON application No. 9422 and issue a Certificate of Need for the conversion of 40 crisis stabilization/detoxification beds, licensed under Chapter 394, Florida Statutes, to 40 adult inpatient psychiatric beds licensed under Chapter 395, Florida Statutes, at an estimated total cost of $885,853.00. 2. AHCA and Marion-Citrus agree that they will immediately file a joint motion with DOAH requesting DOAH to remand DOAH Case No. 01-2914 CON to the Agency for entry of a final order approving CON No. 9422. AHCA agrees to issue a final order approving CON No. 9422 within ten working days of remand. 3. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Florida. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. the parties intend that this Agreement shall survive any and all mergers, acquisitions, or reorganization of any party hereto. 5. 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, do fully bind such principals. 6. Each party shall bear its own attorney’s fees and costs. 7. Marion-Citrus Mental Health Centers, Inc. for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to the certificate of need application that is at issue in this proceeding and the Agency’s actions with respect to that application, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum regarding that application by or on behalf of Marion-Citrus Mental Health Centers, Inc. or related e facilities. DATED this Ll day