STATE OF FLORIDA ses cep bern AGENCY FOR HEALTH CARE ADMINISTRATION ; CON NOS, 9789, 9790, 9791, 9792 7005 HAR } Atk HEARTLAND SERVICES OF FLORIDA, 65 -¢ (© INC., it ut DOAH CASE NOM4-4053CON? AHCA NOS. 2004008921, 2004009317, & 2004009992 RENDITION NO. Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and HOSPICE OF LAKE & SUMTER, INC., Respondents, and VITAS HEALTHCARE CORPORATION OF CENTRAL FLORIDA, INC., Ole a BI BVH So Intervenor. WUESTHOFF HEALTH SERVICES, INC, Petitioner, DOAH CASE NO. 04-4054CON v. AHCA CASE NO. 2004009314 RENDITION NO. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. f i FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings that Heartland Services of Florida, Inc. (“Heartland”) filed on October 1, 2004, a Granted Applicant Petition that Hospice of Lake & Sumter, Inc. (“Hospice”) filed on November 1, 2004, a Petition to Intervene that Vitas Healthcare Corporation of Central Florida, Inc. (“Vitas”) filed on September 28, 2004, and a Petition for Formal Administrative Hearing that Wuesthoff Health Services, Inc. (‘Wuesthoff’) filed on September 30, 2004. On November 8, 2004, all the Petitions were forwarded to the Division cf Administrative Hearings by the Agency. The Petitions filed by Heartland, Hospice, and Vitas were assigned to an Administrative Law Judge and consolidated under DOAH No. 04-4053CON. The Petition filed by Wuesthoff was assigned to a different Administrative Law Judge and entered under DOAH No. 04-4054CON. On November 17, 2004, Wuesthoff filed a Notice of Voluntary Dismissal its Petition for Formal Administrative Heaing. On December 2, 2004, the Administrative Law Judge assigned to the case issued an Order Closing File based on Wuesthoff’s Notice of Voluntary Dismissal. On January 12, 2005, the Petitioner filed a Notice of Voluntary Dismissal dismissing its Petition due to the fact that it was withdrawing its certificate of need application On January 18, 2005, the Respondents filed a Joint Motion to Close File and Relinquish Jurisdiction based on the Petitioner’s Notice of Voluntary Dismissal. On January 18, 2005, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Petitioner’s Notice of Voluntary Dismissal and the Respondents’ Joint Motion. IT IS THEREFORE ORDERED AND ADJUDGED THAT: All the Petitions filed in these cases are dismissed. The Agency shall issue CON 9790 to Hospice of Lake & Sumter, Inc. DONE and ORDERED this T day of Ma ch , 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 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 7°; 7 _ day of rh, 2005. LL ft chs FO >RY J. SHOOP Agengh Clerk 0 Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Harry L. Hooper William R. Pfeiffer Administrative Law Judges 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 Alfred W. Clark, Esquire 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Tallahassee, Florida 32301 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HEARTLAND SERVICES OF FLORIDA, Intervenor. ) INC., ) ) Petitioner, ) ) vs. ) Case No. 04-4053CON ) AGENCY FOR HEALTH CARE ) ADMINISTRATION and HOSPICE OF ) LAKE & SUMTER, INC., ) ) Respondents, ) ) and ) ) VITAS HEALTHCARE CORPORATION ) OF CENTRAL FLORIDA, INC., ) ) ) ) ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closec. DONE AND ORDERED this 18th day of January, 2005, in Tallahassee, Leon County, Florida. ' HARRY L. HOOPER 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 18th day of January, 2005. COPIES FURNISHED: Kenneth W. Gieseking, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Station No. 3 Tallahassee, Florida 32308 Alfred W. Clark, Esquire Alfred W. Clark, Attorney 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Tallahassee, Florida 32301 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828

Docket for Case No: 04-004053CON