STATE OF FLORIDA oe, AGENCY FOR HEALTH CARE ADMINISTRATION ° Uy KINDRED HOSPITALS EAST, LLC, BPO pn NG , tds Petitioner, Wer Closed ‘ F I L E D DOAH CASE NO. 03-0777CONSENCY FOR vs. AHCA CON9605 HEALTH CARE ADMINISTRATION AHCA NO. 2003001175 OEPUTY CLERK CLERK AGENCY FOR HEALTH CARE DATE an 13 ROO{ ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE comes before the Agency on an Order on Pending Motions, which was issued by the Division of Administrative Hearings on November 25, 2003. FINDINGS OF FACT 1. On December 13, 2002, the Agency for Health Care Administration issued a State Agency Action Report for CON Action Numbers 9604, 9605, and 9606, announcing its intent to issue CON Number 9605 to Kindred Hospitals East, LLC (“Kindred”); to deny CON Number 9604 to SemperCare Hospital of Volusia, Inc. (“SemperCare”); and to deny CON Number 9606 to HealthSouth LTAC of Jacksonville, Inc. (“HealthSouth”). The Applicants for CON Numbers 9604 and 9606 timely challenged the intended denials of their own applications, as well as the intended issuance of CON Number 9605 to Kindred. Kindred timely filed a Granted Applicant’s Petition for Formal Administrative Proceeding, pursuant to Rule 59C- 1.012(2)(a), F.A.C. All three petitions were referred to the Division of Administrative Hearings, and were consolidated for purposes of hearing. 2. HealthSouth, the applicant for CON Number 9606, subsequently voluntarily dismissed its petition, and a Partial Final Order, No. 2003000334, was entered by the Agency on July 31, 2003, dismissing that applicant’s Petition. Following that dismissal, the only remaining cases concerning CON Number 9605 were those consolidated cases initiated by SemperCare, DOAH Case No. 03- 0339CON, and by Kindred, DOAH Case No. 03-0777CON. 3. On December 3, 2003, the Agency Clerk for the Agency for Health Care Administration received the aforementioned Order on Pending Motions in Consolidated Case Numbers 03-0339CON and 03-0777CON. The Order recites that one of the motions heard was Kindred’s Consented Motion to Relinquish Jurisdiction of Portion of Case. The Order on Pending Motions expressly relinquished jurisdiction over Petitioner’s CON Application No. 9605 to the Agency, thereby negating the possibility of a hearing on that application. CONCLUSIONS OF LAW There is no hearing pending in this case, and, jurisdiction having been relinquished to the Agency, the Agency is empowered to issue a final order. Pursuant to Rule S9C-1.012(2)(c), if all requests for administrative hearing challenging a noticed intended award of a CON are subsequently voluntarily dismissed, the unchallenged noticed intended granted application shall be severed from the remainder of the batch and the noticed intended award shall become final agency action with respect to such applicant. The prior voluntary dismissal by HealthSouth and the November 25, 2003 relinquishment of jurisdiction over CON Number 9605 pursuant to a Consented Motion to Relinquish Jurisdiction in the remaining consolidated cases constitute the voluntary dismissal of all challenges to the noticed intended award of CON Number 9605 to Kindred. IT IS THEREFORE ORDERED AND ADJUDGED THAT: There will be no hearing on this cause, the file is closed, and Petitioner’s application for CON 9605 is approved in accordance with Rule 59C-1.012(2)(c), FAC. DONE and ORDERED this ¥_ day of “J , 2004 in Tallahassee, Florida. . , M.D., SECRETARY Agency for Health Care Administration NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER CLOSING FILE 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 gs been ished by U. oF 7 a ice mail to the persons named below on this Aa? day of Lealand . McChancY basa lar) Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 COPIES FURNISHED TO: William R. Pfeiffer Administrative Law Judge Division of Administrative Hearings The DeSoto building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Michael O. Mathis, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, FL 32302-1110 Jonathan L. Rue Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, GA 30303 Elizabeth Dudek Deputy Secretary Wendy Adams Facilities Intake

Docket for Case No: 03-000777CON