STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION BD SEMPERCARE HOSPITAL OF ORLANDO, INC., ~n. lS Petitioner, Cintcloreef vs. DOAH No. 02-3230 CON 9544 STATE OF FLORIDA, AGENCY FOR HEALTH RENDITION NO.: AHCA-02- -s-con CARE ADMINISTRATION, Respondent, FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Eleanor Hunter, attached hereto, Relinquishing Jurisdiction and closing the case file, FINDINGS OF FACT 1. On October 4, 2001, Petitioner filed its Motion for Relinquishment of Jurisdiction. On October 8, 2001, Administrative Law Judge Hunter entered the Order Closing File, 2. The Agency hereby adopts and incorporates by reference the attached Order Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency 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 terms of the Stipulation and Settlement Agreement between the Sempercare Hospital of Orlando, Inc., and Agency for Health Care Administration should be enforced specifically: Approving CON Application No. 9544, with the following conditions, to be reflected on the face of the certificate of need: A minimum of two percent of total annual patient days in the 35 bed long term care hospital shall be provided to Medicaid patients. A minimum of one percent of total annual patient days in the 35 bed long term care hospital shall be provided to charity patients. DONE and ORDERED this _4"*_ day of No vember” , 2002, in Tallahassee, Florida. honda M. wea ore 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: Nelson E. Rodney, Esquire Wendy Adams Agency for Health Care Administration Facilities Intake Unit 8355 NW 53” Street MS 3 Miami, Florida 33166 (Interoffice mail) Jonathan L. Rue, Esquire Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, Georgia 30303 (U.S. Certified mail) Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (U.S. Mail) CON Office CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing has ; a been furnished by U.S. Mail, this CL day of A HME KLE , 2002, to the above-named people. —Chacare ou fass COGealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 Rt SESS seen STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SEMPERCARE HOSPITAL OF ORLANDO, INC., Petitioner, DOAH Case No. 02-3230 CON Application No. 9544 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. STIPULATION AND SETTLEMENT AGREEMENT ' THIS STIPULATION AND SETTLEMENT AGREEMENT is entered into this lw of Ode. 2002, by and between SemperCare Hospital of Orlando, Inc. (“SemperCare”) and the State of Florida, Agency for Health Care Administration (the “Agency”), WHEREAS, on or about March 13, 2002, SemperCare filed with the Agency Certificate of Need (“CON”) Application No, 9544 to establish a new 35-bed long term acute care hospital in Orlando, Orange County, Florida, State Health Planning District 7; and WHEREAS, by notice published in the Florida Administrative Weekly on June 28, 2002, the Agency advised SemperCare of the Agency’s preliminary decision to deny SemperCare’s CON Application No. 9544; and WHEREAS, on July 18, 2002, SemperCare timely filed a Petition for Formal Administrative Proceeding challenging the Agency’s preliminary decision to deny CON Application No. 9544; and WHEREAS, SemperCare’s petition was transferred to the State of Florida, Division of Administrative Hearings and assigned Case No. 02-3230, as reflected in the above-styled caption to this Stipulation and Settlement Agreement; and WHEREAS, on August 9, 2002, the Agency published a Notice of Litigation in the Florida Administrative Weekly, Vol, 28, No. 32, advising any and all potentially affected parties of SemperCare’s challenge to the Agency’s preliminary decision; and WHEREAS, no party has filed any petition or otherwise sought to intervene in this matter within 30 days of publication of the Notice of Litigation; and WHEREAS, the Parties stipulate and agree that this Stipulation and Settlement Agreement does in fact foster, facilitate, and further the goals and objectives of the Flori da Certificate of Need Law; NOW THEREF ORE, in consj deration 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 follo 1, WS: RELINQUISHMENT OF JURISDICTION TO THE AGENCY 2. APPROVAL OF CERTIFICATE OF NEED NO. 9544 a SemperCare and the Agency stipulate and agree that CON Application No, 9544 satisfies, on balance, all relevant Statutory and regulatory criteria governing the issuance of certificates of need in Florida. A minimum of two percent of total annual patient days in the 35 bed long term care hospital shall be provided to Medicaid recipients, A minimum of one percent of total annual patient days in the 35 bed Jong term Care hospital shall be provided to charity patients, AUTHORIZATION OF AGREEMENT the party to the terms and conditions herein. 3. BINDING ON SUCCESSORS AND ASSIGNS permitted assigns. 4. MODIFICATIONS AND CHANGES This Stipulation and Settlement Agreement May not be changed or modified except by written agreement executed by both parties hereto, 6. ENTIRE AGREEMENT This Stipulation and Settlement Agreement contains the entire agreement between the parties hereto, and no representations or agreements, oral or otherwise, between the parties not embodied herein or attached hereto shall be of any force or effect. 7. GOVERNING LAW, VENUE AND ATTORNEY FEES AND COSTS This Stipulation and Settlement Agreement has been made and delivered in Leon County, Florida, and shall be construed and interpreted in accordance with the laws of the State of Florida. Should a legal action be instituted by either party to enforce the terms and conditions of this Supulation and Settlement Agreement, the venue for such legal shall be in Leon County, Florida and each party shall bear its own costs and attorney’s fees. SEMPERCARE HOSPITAL OF AGENCY FOR HEALTH CARE ORLANDO, INC, ADMINISTRATION _ Hh By: WER Pr cll, By:

Docket for Case No: 02-003230CON