____ STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION FEB -5 02 02 FEB -§ an | SACRED HEART HOSPITAL OF PENSACOLA, d/b/a SACRED HEART HOSPITAL, Af i oppant ec eur CLERK ‘ils 7 Petitioner, vs. Case No. or-szoggon fale CON No. 9418 STATE OF FLORIDA, AGENCY FOR HEALTH CARE RENDITION NO.: AHCA-02-0021-S-CON ADMINISTRATION, Respondent. FINAL ORDER The Agency for Health Care Administration having entered into a Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: 1. The attached stipulation and settlement agreement is approved and adopted asa part of this final order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with the terms of the Stipulation and Settlement Agreement and that CON No. 9418 to Sacred Heart Hospital for the addition of 4 Level II NICU beds in District 1 shall be issued. DONE and ORDERED this 24 day of January, 2002 in Tallahassee, Leon County, Rhgnda M. Medow§, M_D., Secretary ency for Health Care Administration Florida. err a PRE 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 (Inter-office mail #3) Stephen C. Emmanuel, Esq. C. Gary Williams, Esq. Ausley & McMullen P.O. Box 391 Tallahassee, Florida 32302 (U.S. Mail) CON Office (Inter-office mail #28) 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_& _ day of January. 2002. Desens Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (904) 922-5873 ong cr aren FRR CORTE ET RR STATE OF FLORIDA” 5\ DIVISION OF apwazstearry wold: SACRED HEART HOSPITAL OF PENSACOLA d/b/a SACRED HEART HOSPITAL, > Petitioner, vs. CASE NO. 01-3296 CON : CON NO. 9418 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / a ATION AND SETTLEME AGRE THIS STIPULATION AND SETTLEMENT AGREEMENT is entered into this 25 day of _ January , 2002, by and between. Sacred Heart Hospital of Pensacola d/b/a Sacred Heart Hospital ("Sacred Heart”), and Agency for Health Care Administration (“AHCA” or “Agency”) . cit WHEREAS, on or about March 14, 2001, Sacred Heart filed Certificate of Need (“CON”) application No. 9418 seeking authority to add four Level III NICU beds to its existing hospital located in Escambia County, Florida; and WHEREAS, Sacred Heart received notice of the Agency’s denial of its CON application No. 9418 through a review of Volume 27, No. 26, rida Administrativ Wi al (June 29, 2001); and - i eR kt Oo eee RE OW rem e = WHEREAS, Sacred Heart filed a Petition challenging the Agency’s denial of CON 9418; and WHEREAS, Sacred Heart's Petition was referred to DOAH and assigned DOAH Case No. 01-3296 CON; and WHEREAS, this case is currently scheduled for final hearing a on February 4 through 6, 2002; and “WHEREAS, the Agency has reviewed all available information and has determined that CON application No. 9418 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: OVEN: 1. The Agency hereby agrees to grant Sacred Heart’s application and issue a Certificate of Need for four additional Level III NICU beds, at an estimated total cost of $473,236.00. 2. AHCA and Sacred Heart agree that they will immediately file a joint motion with DOAH requesting DOAH to remand DOAH Case No. 01-3296 CON to the Agency for entry of a final order approving CON No. 9418. AHCA agrees to issue a final order approving CON No. 9418 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 " pinding 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 oem mre commen neat Seem error CR RRR Ie oR ERR TO ate a Tt ee ee PCR RIE RRRTE TSR mer pec Ol-24-02 11:45am = From-AUSLEY & MCMULLEN +18502227139 7-218 P.02/02-F=747 behalf of their respective principals, and as duly designated representativas, do fully bind such principals. 6. Each ‘party shall bear its own attorney’s fees and costs. “9, Sacred Heart Hospital of Pensacola for itself and for ite v¥elated 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 ox may be asserted in any federal or state court or administrative forum regarding that application by or on behalf of Sacred Heart Hospital of Pensacola or related facilities, DATED this 22S day of January, 2002. Blizabeth\ Dudek Deputy Secretary Agency fer Health Care Administration 2727 Mahan Drive Building 3, Room 1221 Tallahassee, FL 32308 coomee pee eee on it sae ae RRR I i se IG A/a Bill Roberts Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive Building 3, Room 3116 Tallahassee, FL 32308 Representing: Agency for Health Care Administration STEPH . EMMANUEL and C. GARY WILLIAMS of Ausley & McMullen Post Office Box 391 227 S. Calhoun Street Tallahassee, Florida 32302 Representing: Sacred Heart Hospital of Pensacola d/b/a Sacred Heart Hospital a eae a eT ogee a i A A

Docket for Case No: 01-003296CON