STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION TENET HEALTHSYSTEM HOSPITALS, INC. d/b/a SEVEN RIVERS COMMUNITY HOSPITAL, Case no. 03-0342 Petitioner, AHCA Nos.: 2003000397 vs. CON 9599 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER itHy 2- yvH £0 The Agency for Health Care Administration, having entered into a jgint Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: The attached Joint 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 Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. DONE and ORDERED this _ day of Merch , 2003, in Tallahassee, Leon County, Florida. Sf y SF cberul Rhonda 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL 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 RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Michael O. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Dr., Suite 3808-D Tallahassee, Florida (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Jean Lombardi Finange & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) C. Gary Willams, Esquire Michael J. Glazer, Esquire Ausley & McMullen Post Office Box 391 227 S. Calhoun Street Tallahassee, Florida 32302 (U.S. Mail) Wendy Adams (Inter-office Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) by U.S. Mail, or the method designated, on this the__ day of , 2003. Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TENET HEALTHSYSTEM HOSPITALS, INC. d/b/a SEVEN RIVERS COMMUNITY HOSPITAL, Oo o = E=<) Petitioner, Ay < a vs. CASE NO. 03-034%5y5.- = CON 9599 o. = AGENCY FOR HEALTH CARE a ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT THIS STIPULATION AND SETTLEMENT AGREEMENT is entered into this day of , 2003, by and between Tenet HealthSystem Hospitals, Inc. d/b/a Seven Rivers Community Hospital (“Seven Rivers”), and Agency for Health Care Administration (“AHCA” or “Agency”). Recitations WHEREAS, on or about September 11, 2002, Certificate of Seven Rivers filed Need (“CON”) application No. 9599 seeking authority to add 16 comprehensive medical rehabilitation (“CMR”) beds to its existing hospital through the delicensure of eight acute care beds and eight adult psychiatric beds Citrus County, located in Florida; and WHEREAS, Seven Rivers received notice of the Agency’s denial of its CON application No. 9599 through a review of Volume 28, No. 52, Florida Administrative Weekly (December 27, 2002); and WHEREAS, Seven Rivers filed a Petition challenging the Agency’s denial of CON 9599; and WHEREAS, Seven Rivers Petition was referred to and is currently pending before DOAH and has been assigned DOAH Case No. 03-0342; and WHEREAS, Seven Rivers has submitted clarifying information to the Agency with regard to the issues raised by the Agency in the SAAR; and WHEREAS, the Agency has reviewed the clarifying information submitted and has determined that CON application No. 9599 satisfies the applicable statutory and rule criteria and should be approved; and WHEREAS, the parties to this Agreement seek to resolve the pending dispute and controversies without the need for further litigation, and have determined that it is in the best interest of sound health planning and health care delivery to resolve their differences in a cooperative, amicable and orderly fashion, and in a manner consistent with and intended to further the goals and objectives of the Florida certificate of need laws; and WHEREAS, the parties hereto stipulate and agree that this Settlement Agreement does in fact foster, facilitate and further the goals and objectives set forth above. NOW THEREFORE, in consideration 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 follows: COVENANTS 1. The Agency hereby agrees to grant Seven Rivers’ application and issue a Certificate of Need for 16 CMR beds through the delicensure of eight acute care beds and eight adult psychiatric beds, at an estimated cost of $1,538,638.00. Said CON shall be issued within ten days of the entry of the Final Order referred to below. The CON shall contain a condition providing that the hospital will provide three (3) percent of its €MR annual patient days to Medicaid and charity patients combined. 2. AHCA and Seven Rivers agree that they will immediately file a joint motion with DOAH requesting DOAH to remand DOAH Case No. 03-0342 to the Agency for entry of a final order approving CON No. 9599, AHCA agrees to issue a final order approving CON No. 9599 within ten working days of remand. 3. This Agreement and the rights and cbligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Florida. 4, This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. The parties intend that this Agreement shall survive any and all mergers, acquisitions, or reorganization of any party hereto. 5. The parties stipulate and agree that this Settlement Agreement is a legal and binding document and is fully enforceable in any court of competent jurisdiction. The signatories hereto represent and warrant that they are vested with the authority to execute this Settlement Agreement on behalf of their respective principals, and as duly designated representatives, do fully bind such principals. 6. Seven Rivers 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 Seven Rivers or related facilities. 7. Each party shall bear its own attorney’s fees and costs. DATED this © day of Mar. — , 2003. RHONDA M. MEDOWS, M.D. Secretary Aggncy for Health Care Administration 2727 Mahan Drive Building 3, Room 3116 Tallahassee, FL 32308 , GPs Lalli GE, VALDA CLARK CHRISTIAN General Counsel Agency for Health Care Administration 2727 Mahan Drive Building 3, Room 3116 Tallahassee, FL 32308 Representing: Agency for Health Care Administration C. GARY WIL S and MICHAEL J. GLAZER Ausley & McMullen Post Office Box 391 227 S. Calhoun Street Tallahassee, FL 32302 Representing: Tenet HealthSystem Hospitals, Inc. d/b/a Seven Rivers Community Hospital

Docket for Case No: 03-000342CON