STATE OF FLORIDA i : AGENCY FOR HEALTH CARE ADMINISTRATION, bee Ea SL 1S BAYCARE LONG TERM ACUTE CARE, INC., Petitioner, DOAH No. _—05-0295 AHCA No. 2005000557 vs. CON No. 9803 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, = jn S and nN tow] KINDRED HOSPITALS EAST, LLC, > d/b/a KINDRED HOSPITAL BAY — AREA-ST, PETERSBURG and _ fae} HEALTHSOUTH OF LARGO LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF LARGO, Intervenors. / FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings. Petitioner, BayCare Long Term Acute Care, Inc. (“BayCare”), filed a Petition for a Formal hearing on or about January 25, 2005, and the case was referred to DOAH. On February 1, 2005, University Community Hospital, Inc. filed a Motion to Consolidate with BayCare Case No. 05-0295 CON No. 9803, which was granted by the ALJ on February 2, 2005. On February 23, 2005, Kindred Hospitals East, LLC, d/b/a Kindred Hospital Bay Area-St. Petersburg filed a Petition to Intervene in support of AHCA’s denial of BayCare’s Certificate of Need application 9803. On March 1, 2005, HealthSouth of Largo Limited Partnership filed an Unopposed Petition to Intervene in support of AHCA’s denial of BayCare’s application for Certificate of Need 9803. On March 10, 2005, an Order granting Petitions to Intervene was entered by the ALJ. These Petitions are related to the Agency’s denial of Certificate of Need Application 9803. On or about June 7, 2006, BayCare withdrew its Certificate of Need application 9803 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH. Accordingly, on June 8, 2006, 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 Proceedings pending before the Agency is hereby moot, and this case is closed. The Agency’s denial of Certificate of Need Application 9803 is upheld. é A, DONE and ORDERED this/ {day of _, Le , 2006, in Tallahassee, Florida. CO Werte Cetama Christa Calamas, 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 JE day of ery , 2006. 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 DeSotoa Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert A. Weiss, Esq. Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 102-A Tallahassee, Florida 32312-1762 Patricia A. Renovitch, Esq. Oertel, Hoffman, Fernandez, & Cole, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, Florida 32302-1110 Geoffrey D. Smith, Esq. Smith & Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Warren Husband, Esq. Metz, Hauser & Husband, P.A. 215 South Monroe Street Post Office Box 10909 Tallahassee, Florida 32302-2909 J. Robert Griffin, Esq. J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1726 Sandra E. Allen, Senior Attorney Agency for Health Care Administration Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail Janice Mills Facilities Intake Interoffice Mail

Docket for Case No: 05-000295CON