STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION gear SELECT SPECIALTY HOSPITAL — ALACHUA, INC., Petitioner, DOAH CASE NO. 04-3149CON AHCA NO. 2004006613 v. STATE OF FLORIDA, AGENCY FOR Pad HEALTH CARE ADMINISTRATION, a Respondent, a and U KINDRED HOSPITALS EAST, LLC, S Intervenor. oe KINDRED HOSPITALS EAST, LLC, Petitioner, DOAH CASE NO. 04-3154CON AHCA NO. 2004006614 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and SELECT SPECIALTY HOSPITAL — ALACHUA, INC., Intervenor. FINAL ORDER ‘THIS CAUSE concerns Petitions for Formal Administrative Hearing filed by Select Specialty Hospital — Alachua, Inc. (“Select — Alachua”) on August 24,2004; and Kindred Hospitals East, LLC (“Kindred”) on August 25, 2004. On September 2, 2004, both Petitions were forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On January 27, 2005, Select — Alachua filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Administrative Hearing in DOAH Case No. 04-3149CON. On January 28, 2005, Kindred filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Hearing in DOAH Case No. 04-3154CON. On January 31, 2005, the Administrative Law Judge assigned to the cases issued an Order Closing Files based on the Notices of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: Both Select — Alachua’s and Kindred’s Petitions are dismissed, and the Agency’s denial of CON application nos. 9748 and 9749 is upheld. DONE and ORDERED this fa day of Porn L , 2005, in Tallahassee, Florida. Np DQ iY f _ [on Qww 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 | 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 ai day of ABE FOS. ——- —. =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: T. Kent Wetherell, I 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 Mark A. Emanuele, Esquire Panza, Mauer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, Florida 32302-1110 Wendy Adams Facilities Intake Elizabeth Dudek Health Quality Assurance

Docket for Case No: 04-003154CON