STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION , PUBLIC HEALTH TRUST, d/b/a . O. JACKSON MEMORIAL HOSPITAL > Ay} ther penne Cen, ie and NORTH BROWARD HOSPITAL Fa UH a Be DISTRICT, d/b/a BROWARD CASE No.: 02-4412 CON GENERAL MEDICAL CENTER, CON 9593 AHCA No.: 2002048332 Petitioners v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER The Agency for Health Care Administration having entered into a Stipulation and Settlement Agreement dated 44 pref 0 3, with the party to these proceedings, and being otherwise well advised in the premises, decides as follows: 1. On or about August 1, 2002, Petitioners submitted a CON application to establish a shared service arrangement for adult liver transplant services in Organ Transplant Service Planning Area 4, which includes all of AHCA Health Planning Districts 10 and 11, Palm Beach County in district 9, and Collier County in District 8. 2. On September 26, 2002, AHCA issued its State Agency Action Report in which it preliminarily denied Petitioners’ CON application. 3. The attached stipulation and settlement agreement is approved and adopted as a part of this final order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 4. THEREFORE, it is ORDERED and ADJUDGED that CON 9593 to establish a shared service arrangement for adult liver transplant services in Organ Transplant Service Planning Area 4, which includes all of AHCA Health Planning Districts 10 and 11, Palm Beach County in District 9, and Collier County in District 8, shall be issued effective Lheg, | i ~—_— 2003. q DONE and ORDERED this 24) day of he TL 2003 in Tallahassee, - 4% Leon County, Florida. / _\_ C a ae Rhonda M. Medows,{M.D., 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, 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: Alba M. Rodriguez, Senior Counsel Agency for Health Care Administration 8355 N. W. 53 Street Miami, Florida 33166 (Interoffice Mail) George N. Meros, Jr. Michael E. Riley Gray, Harris & Robinson, P.A. P. O. Box 11189 Tallahassee, Florida 32302 (U.S. Mail) CON Office Mail Stop #28 (Interoffice Mail) State of Florida Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. Mail) Jeffrey Gregg Mail Stop #28 (Interoffice 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 DS dayof_. Na \ 2003. Letuck ak Wr Lealand McCharen, Agency Clerk Agency for Health Care Administration STATE OF FLORIDA CoM, AGENCY FOR HEALTH CARE ADMINISTRATION r PUBLIC HEALTH TRUST, d/b/a JACKSON MEMORIAL HOSPITAL and NORTH BROWARD HOSPITAL DISTRICT D/b/a BROWARD GENERAL MEDICAL CENTER Petitioners, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. CASE NO. 02-4412CON STIPULATION AND SETTLEMENT AGREEMENT This Stipulation and Settlement Agreement (hereinafter the “Settlement Agreement”) is entered into by and between Public Health Trust, d/b/a Jackson Memorial Hospital (hereinafter “JMH”), North Broward Hospital District d/b/a Broward General Medical Center (hereinafter “Broward General”) Collectively, “Applicants”) and the Agency for Health Care Administration (hereinafter the “Agency”) each individually, a “party”, collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement and agree as follows: WHEREAS JMH is a hospital licensed pursuant to Chapter 395, Florida Statutes and is located at 1611 N. W. 12 Avenue, Miami, Florida 33136. WHEREAS Broward General is a hospital licensed pursuant to Chapter 395, Florida Statutes and is located at 1600 South Andrews Avenue, Ft. Lauderdale, Florida 33316. WHEREAS, on or about August 1, 2002, Applicants submitted a CON application to establish a shared service arrangement for adult liver transplant services in Florida Organ Transplant Region IV, which includes all of the Agency Health Planning Districts 10 and 11, Palm Beach County in District 9, and Collier County in District 8. JMH is currently an approved liver transplant provider in Florida Organ Transplant Region IV. WHEREAS, Applicants’ CON application No. 9593 included an executed Shared Services Agreement between the Public Health Trust and the North Broward Hospital District to operate the Program jointly, and which Agreement documents the contribution of each party to the arrangement including, but not limited to, facilities, equipment, patients and participation and management of the Program through the Joint Operating Committee. WHEREAS, on September 26, 2002, the Agency issued its State Agency Action Report in which it preliminarily denied Applicants’ CON application. WHEREAS, on or about October 31, 2002, the Applicants filed the petition for administrative hearing with the Agency contesting the preliminary denial of the CON application. WHEREAS, on or about November 14, 2002, the Agency referred the petition to the Division of Administrative Hearings. WHEREAS, on or about December 4, 2002, the Applicants provided further Clarification of Information regarding the CON application to the Agency. WHEREAS, the parties now desire to resolve the CON application and the associated proceeding by this agreement. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. All Recitals above are true and correct and are expressly incorporated herein by reference as is fully set forth below. 2. The parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 3. The Agency agrees that, as soon as practicable following the effective date of this Settlement Agreement, the Agency will enter a Final Order approving the Jackson Memorial Hospital and Broward General Medical Center Shared Services Liver Transplant Program to establish a shared service arrangement for adult liver transplant services in Florida Organ Transplant Region IV, with the following two conditions: (1) Develop and implement a marketing plan directed to the medical community in Collier, Palm Beach and Monroe Counties within Florida Organ Transplant Region IV and (2) Perform liver transplants on all patients who are placed on the UNOS Liver Transplant List for Florida Organ Transplant Region IV, if an organ match is found and the patient remains medically able to undergo the transplant. 4. Applicants shall comply with the agreements, representations and commitments set forth in the applications and documents entitled “Certificate of Need Application for a Shared Services Liver Transplant Program” dated August 2002, including all schedules and attachments, “Jackson Memorial Hospital and Broward General Medical Center Shared Services Liver Transplant Program Clarification of Information Regarding CON No. 9593” dated December 4, 2002 and the letter to Elizabeth Dudek from George N. Meros, Jr. dated February 26, 2003, which documents are incorporated by this reference as if fully set forth herein. 5. The Parties hereto mutually and simultaneously authorize and direct their respective attorneys to execute and deliver such instruments as may be necessary to obtain the Final Order to be issued by the Agency as to this CON application. 6. Upon full execution of this Agreement, JMH and Broward General Medical Center agree to a withdrawal of their Petition for Formal Administrative Proceedings; agree to waive any and all appeals and proceedings; agree to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. 7. Each party for itself and for its related 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 this matter and the Agency’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of such party or related facilities provided only that such claims had accrued on or before the date of this agreement. 8. Each party shall bear its own costs and attorney’s fees. 9. This Agreement shall become effective on the date upon which it is fully executed by all parties hereto. 10. Each party hereby represents and warrants that the undersigned representative(s) is authorized to execute this Settlement Agreement on behalf of the party, and to bind the party to the terms and conditions herein. 11. The terms, conditions, covenants, provisions, promises and agreements contained herein shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and permitted assigns. 12. This Agreement contains the entire understandings and agreements of the parties. 13. This Agreement supercedes any prior oral or written agreements between the parties, 14. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. [SIGNATURE PAGE FOLLOWS] The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. STATE OF FLORIDA, AGENCY FOR HEALTH CARE | ADMINISTRATION NORTH BROWARD HOSPITAL DISTRICT, d/b/a BROWARD GENERAL HOSPITAL By: CK beter Its:__President/CEO Date: Lio STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Its: General Counsel Date: ¢f2 4/0 cS PUBLIC HEALTH TRUST, d/b/a JACKSON MEMORIAL HOSPITAL By: Xa Att. Its:_President/CEO Dated: 4/10/03

Docket for Case No: 02-004412CON