STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION oA ST. JOSEPH’S HOSPITAL, INC., Petitioner, ~ 0 £ Lhe DOAH CASE NO. 02-0456con (OEP CMS vs. AHCA CASE NO. 9493CON RENDITION NO.: AHCA-03 *O225~ FEF-CON AGENCY FOR HEALTH CARE ADMINISTRATION and UNIVERSITY COMMUNITY HOSPITAL, INC., Respondents. / UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a UNIVERSITY COMMUNITY HOSPITAL, ' Petitioner, vs. DOAH CASE NO. 02-1097 AHCA CASE NO. 9492CON AGENCY FOR HEALTH CARE ADMINISTRATION and ST. JOSEPH’S HOSPITAL, INC., Respondents. FINAL ORDER This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of January 14, 2003, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTION This case concerns Certificate of Need applications filed by St. Joseph’s Hospital (St. Joseph) (CON Application 9493) and University Community Hospital (University) (CON 9492). Both applications sought to add five (5) Level III Neonatal Intensive Care Unit beds in District 6. The Agency approved Application 9492 and denied Application 9493. St. Joseph filed a timely request for a formal administrative proceeding to challenge both the denial of its application and the approval of University’s application. University filed a petition for hearing in support of the Agency’s action. St. Joseph filed one exception to the Recommended Order arguing that the ALJ’s recommendation for the approval of Application 9492 should have explicitly recommended that the approval of University’s application be conditioned on the written quality assurances proposed by University in Application 9492. University responded to the exception stating that the actual testimony adduced at the final hearing might make it unnecessary, if not burdensome, on the Agency to condition the CON on the written quality of care provisions in University’s application. The exception is rejected as superfluous; the response is rejected as simply incorrect. The ALJ’s recommendation was that University’s CON Application 9492 be approved and that St. Joseph’s CON Application 9493 be denied. There was no need for the ALJ to be more explicit; Application 9492 speaks for itself and plainly includes all of the written quality of care assurances. These quality of care assurances are part of the application and, therefore, part of the ALJ’s recommendation. FINDINGS OF FACT The Agency adopts the Findings of Fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Agency adopts the Conclusions of Law set forth in the Recommended Order. IT IS THEREFORE ADJUDGED THAT: University’s CON Application 9492, in its entirety, is approved. St. Joseph’s CON Application 9493 is denied. DONE and ORDERED this !4 day of Mw & , 2003, in Tallahassee, Florida. / RHONDA M. MEGBOWS, MD., SECRETARY \ Agency for Health Care Administration NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY, ALONG WITH THE FILING FEE 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 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail, or by the method indicated, to the persons named below on this KE day of if Ut?) , 2003. i 3 ~ (Gabo up SoM psvics (LE Lealand L. McCharen, Agericy Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308-5403 COPIES FURNISHED TO: William R. Pfeiffer Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Michael P. Sasso, Esquire Agency for Health Care Administration 525 Mirror Lake Drive, North Sebring Building, Suite 310L St. Petersburg, Florida 33701 James C. Hauser, Esquire Metz, Hauser & Husband, P.A. Post Office Box 10909 Tallahassee, Florida 32302-2902 Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32308 Elizabeth Dudek, Deputy Secretary Mail Stop #12 Wendy Adams Facilities Intake

Docket for Case No: 02-001097CON

Orders for Case No: 02-001097CON