STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 25 ey CON NOS. 9769 & 9770 See SELECT SPECIALTY HOSPITAL — PALM BEACH, INC., Petitioner, DOAH CASE NO. 04-3151CON AHCA NO. 2004006648 v. STATE OF FLORIDA, AGENCY FOR > 8 HEALTH CARE ADMINISTRATION, ee. OT mem Fe. Respondent. Ba CS ey and ax > in co) KINDRED HOSPITALS EAST, LLC, ‘Ss i KINDRED HOSPTIALS EAST, LLC, Petitioner, DOAH CASE NO. 04-3155CON AHCA NO. 2004006647 v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. and SELECT SPECIALTY HOSPITAL — PALM BEACH, INC., Intervenor. FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Hearing that the Petitioner, Select Specialty Hospital - Palm Beach (“Select — Palm Beach”), filed on August 24, 2004, in DOAH Case No. 04-3151CON; and a Petition for Formal Administrative Proceedings that the Petitioner, Kindred Hospitals East, LLC (“Kindred”), filed on August 25, 2004, in DOAH Case No. 04-3155CON. On September 2, 2004, both Petitions were subsequently forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge (“ALS”). On June 24, 2005, Kindred and Select - Palm Beach filed a Joint Notice of Voluntary Dismissal of their Petitions. On June 28, 2005, the ALJ issued an Order Closing Files based on the Joint Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions filed by Kindred and Select — Palm Beach are dismissed, the Agency’s denial of CON application nos. 9769 and 9770 are upheld, and these cases are now closed. a DONE and ORDERED this ] { day of UV , 2005, in Tallahassee, Florida. 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 IT 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 LZ™ say of EXE _, 2005. 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 Mark A. Emanuete, 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: 04-003155CON