STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CCT Th Qe HERNANDO HMA, INC. d/b/a BROOKSVILLE Mert REGIONAL HOSPITAL, " Petitioner, 0 bmp g Ty Co vs. Case No. 01-2873CON= _- CONNO.9421; = Fat STATE OF FLORIDA, AGENCY FOR HEALTH Case No. 01-3297CON-G¥" z= CARE ADMINISTRATION, CON NO. 9420; CLO sO Respondent, . / Cee acc FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge David M. Maloney, attached hereto, dismissing the cases, it appearing from the Petitioner’s Notices of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On June 5, 2002, for DOAH Case No. 01-2873CON, on August 20, 2002, for DOAH Case No. 01-3297CON, and on August 23, 2002, for DOAH Case No. 01-3298CON, Petitioner filed its Notice of Voluntary Dismissal. On June 13, 2002, for DOAH Case No. 01- 2873CON, on August 21, 2002, for DOAH Case No. 01-3297CON, and on August 26, 2002, for~ DOAH Case No. 01-3298, Administrative Law Judge Maloney entered the Order Closing File ‘2. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissal and Orders Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agéncy 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: The above-styled cases are DISMISSED and Certificate of Need (CON) Application Number 9421 to establish an adult open-heart surgery program in AHCA District 3 is denied, Certificate of Need (CON) Application Number 9420 to establish an adult open-heart surgery program in Citrus County, AHCA District 3 is denied, and Certificate of Need (CON) Application Number 9419 to establish an adult open-heart surgery program in Hernando County, AHCA District 3 is denied. DONE and ORDERED this_23 _ day of September 2002, 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, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 P.O. Box 551 Tallahassee, Florida 32302-0551 Michael J. Cherniga, Esq. Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 James C. Hauser, Esq. Metz, Hauser & Husband, P.A. P.O. Box 10909 Tallahassee, Florida 32302-2902 Joanna Daniels Assistant General Counsel AHCA, Mail Stop #3 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office AHCA, Mail Stop #28 CERTIFICATE OF SERVICE J] HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by COCtolo rs U.S. Mail, this L< day of September 2002, to the above-named people. Chanter TRontessy 4o CLealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 JD/sr STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HERNANDO AMA, INC. d/b/a BROOKSVILLE REGIONAL HOSPITAL, et. al., Petitioners, vs. ere, CASE NOS. 01-2873coNs: 01-3297CON- . AGENCY FOR HEALTH CARE 01-3298coN <* ADMINISTRATION, Respondent. / oe NOTICE OF VOLUNTARY DISMISSAL Hernando HMA, Inc. d/b/a Brooksville Regional Hospital (“Brooksville”) hereby voluntarily dismisses its Petitions filed in the above-captioned Proceeding. Respectfully submitted, C. AMES C, HAUS Florida Bar No, 279846 METZ, HAUSER & HUSBAND, P.A. P.O. Box 10909 Tallahassee, FL 32302-2902 (850) 205-9000 Attorney for Brooksville _- CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and a copy of the foregoing to the Division of has been furnished by hand delivery Administrative Hearings; and by U.S. Mail to: John Gilroy, Esquire, General Counsel for Health Care Administration, 2727 Mahan Drive, , FL 32309; Michael J, Cherniga, Building 3, Suite 3431, Tallahassee College Avenue, Tallahassee, Florida 32301; and Esquire, 101 E, Stephen A. Ecenia, Esquire, 215 qt Honore Street, Suite 420, Tallahassee, Florida 32301, this 5 day of June, 2002. SC. HAUSER STATE OF FLORIDA Ay ia DIVISION OF ADMINISTRATIVE HEARINGS- HERNANDO HMA, INC., d/b/a BROOKSVILLE REGIONAL HOSPITAL, Petitioner, Case No. 01-2873CON vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Notice of Voluntary Dismissal, filed June 5, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that the file of. the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 13th day of June, 2002, in Tallahassee, Leon Cdunty, Florida. 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 13th day of June, 2002. COPIES FURNISHED: Michael J. Cherniga, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 John F. Gilroy, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308-5403 James C. Hauser, Esquire Metz, Hauser & Husband, P.A. Post Office Box 10909 Tallahassee, Florida 32302-2902 Sng Received Event (Event Succeeded) | a Date: 8/20/02 Time: 10:59 AM . Sender: 850 681 0207 3 Pages: 3 Remote el Sic850 64402073 GreexmerG TRARIG TALLACASSEE + GSHS7IQINOLOdOGNS2I6Ad7™ —NO.234 page STATE OF FLORIDA | DIVISION OF ADMINISTRATIVE HEARINGS CITRUS MEMORIAL HEALTH | FOUNDATION, INC. Petitioner, : vs. CASENO,; 01-3297CON DY] mM CONNO.; 9420 : AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, ee NOTICE OF VOLUNTARY DISMISSAL Citrus Memorial Hospital, Inc. hereby voluntarily dismisses, with Prejudice, its Petition in Case No, 01-3297CON. Respectfully submitted this 20% day of August, 2002. ae . MI J. CHERNI SEANN M. FRAZIER GREENBERG TRAURIG, P.A. ' 101 East College Avenue Tallahassee, Florida 32301 ; Telephone (850) 222-6891 Facsimile (850) 681-0207 ee Received Event (Event Succeeded) ‘ = Date: 8/20/02 : Time: 10:59 AM Pages: 3 Sender: 850 681 0207 3 _ Remotes SP -20g850 689297 3 GreenneRG TRALRIG TALLARKESEE 9 OSH7I0CHOLeAORHS2I6ad7H = «ND. 294 gag CERTIFICATE OF SERVICE T certify that this original and one copy of the foregoing has been furnished by Facsimile to Administrative Law Judge David M. Maloney, Diviston of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida, 32399- 1550 and a true and correct copy by Facsimile to Joanna Daniels, Asst. Genexal Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Tallahassee, r Flogida 32308 and Stephen A. Ecenia, and Thomas W. Konrad, Rutledge, Ecenia, Purnell & Hoffman, P.A., 215 S, Monroe St, Tallahassee, Florida 32301 this 20% day of Aggust, 2002. SEANN M. 715641 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CITRUS MEMORIAL HEALTH FOUNDATION, INC., Petitioner, RECEIVED Case No. 01-GRMERON COUNSEL AUG 23 2002 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. esponde Agency for Health Care Administration ORDER CLOSING FILE This cause having come before the undersigned on Citrus Memorial Health Foundation, Inc.'s Notice of Voluntary Dismissal, filed August 20, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 21st day of August, 2002, in Tallahassee, Leon County, Florida. td. DAVID M. MALONEY Administrative Law Judge on 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 21st day of August, 2002. STATE OF FLORIDA -- DIVISION OF ADMINISTRATIVE HEARINGS HCA HEALTH SERVICES OF FLORIDA, INC. d/b/a OAK HILL HOSPITAL, ~ Petitioner, vs. 7 DOAH CASE NO.: 01-3298 STATE OF FLORIDA, AGENCY |." FOR HEALTH CARE ADMINISTRATION, Respondent. NOTICE OF VOLU RY DISMI _ HCA-Health Services of Florida, Inc. d/b/a Oak Hill Hospital hereby voluntarily” dismisses its Petition for Formal Administrative Hearing in the above'styled matter. RESPECTFULLY SUBMITTED this 23 day of August, 2002. STEPHEN A, ECENIA THOMAS W. KONRAD Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe St., Suite 420 Tallahassee, Florida 32301 (850) 681-6788 ATTORNEYS FOR HCA HEALTH SERVICES OF FLORIDA d/b/a OAK HILL HOSPITAL ” - ERTIFI RVI I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by USS. Mail to Joanna Daniels, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Building III, Tallahassee, Florida 32308 and Michael J. Cherniga, Esquire and Seann Frazier, spine Greenberg Traurig, P.A., 101 East College Avenue, Tallahassee, Florida, on t this 29" day of August, 2002. FAUSERS\Tammy\OakHill\Notice Vol. Dismissal RECEIVED STATE OF FLORIDA GENERAL COUNSEL DIVISION OF ADMINISTRATIVE HEARINGS AUG 27 2002, Agency fopHealt Care AdnGnisttation: HCA HEALTH SERVICES OF FLORIDA, INC., d/b/a OAK HILL HOSPITAL, Petitioner, , Ww vs. Case No. 01-3298CONy. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on HCA Health Services of Florida, Inc., d/b/a Oak Hill Hospital's Notice of Voluntary Dismissal, filed August 23, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 26th day of August, 2002, in Tallahassee, Leon County, Florida. th. 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 26th day of August, 2002.

Docket for Case No: 01-003298CON