104 “5 FILED STATE OF FLORIDA 03 0fT * AGENCY FOR HEALTH CARE UDA 12007 6 = 18 act -2 03 Ho ips aaa CLERK NAPLES COMMUNITY HOSPITAL, INC., ft L Petitioner, ; “oN DOAH CASE NO. 02-3228CON J Dp - Close dL VS. AHCA CON NO. 9551 RENDITION NO. 03-0(30—ESe-COM AGENCY FOR HEALTH CARE ADMINISTRATION and COLLIER HMA, INC., Respondent. / FINAL ORDER These causes were referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) and consolidated for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of August 1, 2003, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTIONS Petitioner, Naples Community Hospital, Inc., filed numerous apparent exceptions to the Recommended Order. Petitioner has divided its exceptions into general subject areas such as “not normal circumstances”, “financial feasibility”, “Medicaid and indigent fair share”, “agency precedent”, and “exceptions to other findings and conclusions”. Arguments relating to findings of fact and conclusions of law are intertwined and difficult to address individually. All exceptions and objections to findings of fact made by Petitioner are rejected. They amount to no more than a re-argument of Petitioner’s position at hearing and a restatement of Petitioner’s objections to certain evidence that was admitted by the ALJ. All of the findings of fact in the Recommended Order are supported by competent, substantial evidence in the record and the Agency may not re- weigh them and alter these findings. See Heifetz v. Dept. of Bus. Reg., 475 So. 2d 1277(Fla. 1 DCA 1985). Petitioner’s exceptions to conclusions of law are also rejected. Even though the Agency is significantly more empowered in evaluating conclusions of law, the Agency is unable to come to any different conclusions of law that are as or more reasonable than those reached by the ALJ. See Humana, Inc. v. Department of Health and Rehabilitative Services, 492 So. 2d 388 (Fla. 4° DCA 1986) and Section 120.57(1)(, Fla. Stat. FINDINGS OF FACT The Agency adopts the findings of fact set forth in the Recommended Order except as noted. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. : IT IS THEREFORE ADJUDGED THAT: In accordance with the Recommended Order, Collier HMA, Inc.’s CON application 9551 is approved with the condition that it provide its fair share of Medicaid and indigent care in the amounts and percentages determined by the Agency. DONE and ORDERED this QM Gay of SepTameber. , 2003, in Tallahassee, Florida. CY | Kf A ne \ RHONDA M. OWS, 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 fupnished by U.S. or interoffice mail to the persons named below on this day of i y, ee Ni Le , 2003. Lealand L. McCharen, ears Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, FL 32308 COPIES FURNISHED TO: J.D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Lori C. Desnick, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, FL 32308 James C. Hauser, Esquire Metz, Hauser & Husband, P.A. 215 South Monroe Street, Suite 505 Post Office Box 10909 Tallahassee, FL 32301 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, FL 32317-5828 Karl Davie Acuff, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, FL 32317-5828 R. Terry Rigsby, Esquire Law Office of R. Terry Rigsby, P.A. 215 South Monroe Street, Suite 505 Tallahassee, FL 32301 Elizabeth Dudek Deputy Secretary Wendy Adams Facilities Intake

Docket for Case No: 02-003228CON

Orders for Case No: 02-003228CON