STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SEMPERCARE HOSPITAL OF oyu nen PENSACOLA, INC., fd vos 7 22 Petitioner, DOAH CASE NO. 04-3137CON AHCA NO. 2004006612 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, 4 . & ani at) feo & 0 SELECT SPECIALTY HOSPITAL — =o ae a ESCAMBIA, INC., eee Intervenor. na DN) / w —_——_ pa FINAL ORDER THIS CAUSE concerns an Amended Petition for Formal Administrative Proceeding that the Petitioner filed on August 24, 2004. On September 2, 2004, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On September 14, 2004, Select Specialty Hospital - Escambia, Inc., filed a Petition to Intervene. On December 1, 2004, the Petitioner filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Administrative Proceeding in the above-referenced case. On December 2, 2004, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceeding is dismissed, Select Specialty Hospital - Escambia, Inc.’s Petition to Intervene is dismissed as moot, and the Agency’s denial of CON application no. 9745 is upheld. DONE and ORDERED this) + day of Ju NMA. , 2005, in Tallahassee, Florida. Le. bo ALAN LEVINE, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER 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 has been furnished by U.S. or interoffice mail to the persons named below on this Zr = day of ee _, 2005. _ . a A i ~ a RICHARD J. SHOOP, Agency'Clerk Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Robert A. Weiss, Esquire Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 Mark A. Emanuele, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Jonathan L. Rue, Esquire Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, Georgia 30303 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality

Docket for Case No: 04-003137CON