FILED STATE OF FLORIDA UG -4 FR 2) ave ~? ns AGENCY FOR HEALTH CARE ADMINISTRATION net Oe AT PYERERART MO 3 HEALTHSOUTH LTAC OF BAY COUNTY, INC., Petitioner, DOAH No: 03-0345 & 03- 0776CON Vs. FRAES # 2003000337 AGENCY FOR HEALTHCARE SoH ADMINISTRATION AND SEMPERCARE HOSPITAL OF PANAMA CITY, INC., Respondent. FINAL ORDER The Agency for Health Care Administration, having received an Order Closing File from the Division of Administrative Hearings and being otherwise well advised in the premises, decides as follows: The Order Closing File entered by Suzanne Hood, Administrative Law Judge, dated June 2, 2003 closing the file that was opened in this matter by the Division of Administrative Hearings is attached and made a part of this Final Order. This case was brought by HealthSouth LTAC of Bay County, Inc., to challenge the approval of SemperCare’s Certificate of Need application No. 9596. On May 8, 2003, HealthSouth LTAC of Bay County, Inc., voluntarily dismissed their challenge to the granting of this CON to SemperCare. THEREFORE, it is ORDERED and ADJUDGED: 1. SemperCare’s CON application 9596 is hereby approved. 2. SemperCare’s Petition for a formal Administrative hearing in DOAH Case Nos. 03-0776 is dismissed. 3. HealthSouth LTAC of Bay County, Inc., request for a formal Administrative Hearing in DOAH Case No 03-0345 is dismissed. <1, DONE and ORDERED this 3/ day of lalae , 2003, in Tallahassee, Leon County, Florida. é Médows/ MD, Secretary Agengy 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: Nelson E. Rodney, Esq. Assistant General Counsel Agency for Health Care Administration 8355 N.W. 53" Street, 1% Floor Miami, Florida 33166 (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) Jonathan L. Rue, Esquire Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, N.E. Atlanta, Georgia, 30303 (U.S. Certified mail) Hon. Suzanne Hood Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. mail) Wendy Adams (Inter-office Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on , A 1;QiiO+ 1, 2003. Chae lars wenciers ee Agen SD Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HEALTHSOUTH LTAC OF BAY COUNTY, INC., Petitioner, vs. Case No. 03-0345CON AGENCY FOR HEALTH CARE ADMINISTRATION AND SEMPERCARE HOSPITAL OF PANAMA CITY, INC., Respondents. SEMPERCARE HOSPITAL OF PANAMA CITY, INC., Petitioner, vs. Case No. 03-0776CON AGENCY FOR HEALTH CARE ADMINISTRATION AND HEALTHSOUTH LTAC OF SAY COUNTY, INC., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Respondents. ) ) ORDER CLOSING FILES This cause having come before the undersigned on Petitioner, HealthSouth LTAC of Bay County, Inc.'s, Notice of Voluntary Dismissal filed on May 8, 2003, and Petitioner, Sempercare Hospital of Panama City, Inc.'s, Notice of Voluntary Dismissal filed on May 30, 2003, and the undersigned being fully advised, it is, therefore, ORDERED that the files of the Division of Administrative Hearings in the above-captioned matter are hereby closed. DONE AND ORDERED this 2nd day of June, 2003, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 2003. COPIES FURNISHED: Thomas F. Panza, Esquire Panza, Maurer & Maynard, P.A. 3600 North Federal Highway Bank of America Building, Third Floor Fort Lauderdale, Florida 33308 Nelson Rodney, Esquire Agency for Health Care Administration 8355 Northwest 53rd Street Miami, Florida 33166 Robert A. Weiss, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32301 OER A EAE ASR SIATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HEALTHSOUTH LTAC OF BAY COUNTY, INC., Petitioner, Case No. 03-0345 9 nt vs. AGENCY FOR HEALTH CARE ADMINISTRATION and SEMPERCARE HOSPITAL OF PANAMA CITY, INC., Respondents. SEMPERCARE HOSPITAL OF PANAMA CITY, INC., Petitioner, Case No. 03-0776 vs, AGENCY FOR HEALTH CARE ADMINISTRATION and HEALTHSOUTH LTAC OF BAY COUNTY, INC., Respondents. NOTICE OF VOLUNTARY DISMISSAL SemperCare Hospital of Penanna City, inc. (“SemperCare”), by and through its undersigned counsel, acknowledges receipt of HealthSouth LTAC of Bay County, Inc.’s (“HealthSouth”) Notice of Voluntary Dismissal of its Petition for Formal Administrative Hearing in DOAH Case No. 03- 0345. HealthSouth’s petition challenged the approval of SemperCare’s CertificateofNeed (“CON”) Application No. 9596 and the denial of HeatthSouth’s CON Application No. 9597. Accordingly, Ql-d pOO/200'd eSB coreiagose S@80d 7 3NIYE NOSOMH BBE-WOLy — wdy2-79 cOgz-DE-KeH - 676189058 ‘CISD sjoway cerelegose uepusg ’ isabeq __ Wd 6b souwyL cO/0E/S :37eg (papasoons yang) UaAq paniocsoy SemperCare hereby voluntarily disuvsses its Petition for Formal Administrative Proceeding in DOAH Case No. 03-0776. SemperCate’s petition supported the approval of its CON Application No. 9596 and the denial of HealthSouth’s CON Application No. 9597. SemperCare requests that this matter be remanded to the Agency for He:lth Car: Administration for issuance of 8 Final Order approving SemperCare’s CON Application No. 9596. DATED on this 3O day of May 2003. PARKER, HUDSON, RAINER &: DOBBS, LLP Jonathan ate C ke, tA) Florida Bay No Ba t380 1500 Marquis ‘wo Tower 285 Peachtree Center Avenne, N.E. Atlanta. Georgia 30303 (404) 5223-5300 (404) 5:22-8409 (fax) And PARKER, HUDSON, RAINER & DOBBS, LLP Robert 4. fis Florida Bar No 0222038 Karen A. Puna! Florida Bar No 0037745 The Perkins House, Suite 200 338 N. Gadscien Street Tallahassee, Florida 32301 (850) 681-0191 (850) 61-9493 (fax) Counse! for SoaperCare Hospital of Panama City, Inc. 2 Bii-d POO/EDO'd = E99-4 £876 189058 $800 9 Y3Ni¥Y NOSCAH aEvened Wore: *0 £002-fE-A2y ° f6r6iso0se ‘iso tlouoy C6P61890Se epues P :saBeg Wd 61-7 Tout EO/OE/S eg : (pepescons yueng) yuaag Poajasay CERTIFICATE OF SERVICE Icertify that a copy of the foregoing Notieg of Voluntary Dismissal has been furnished to the _— undersigned counsel by U.S. Mail on this 3° ° day of May 2003: Thomas F. Panza, Esq. Deborah §. Platz, Esq. Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Ft. Lauderdale, Florida 33308 Nelson Rodney, Esq. Agency for Health Care Administration 8355 Northwest 53rd Street Miami, Florida 33166 Attomey ~~ 3 Bil-d — POO/PO'e = E992 8676189058 $8800 2 YSNIYY NOSOMH YBa ¥d=wO.: dp? : of fs eerElse IS t6h61890S8 UepUues ¢ Wd 6l'? sould CO/OE/S "8 E-KEH D sjouray isebed rayeg (papassons yuea3) JUsAQ paniaoay

Docket for Case No: 03-000776CON