STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION MUNROE REGIONAL HEALTH SYSTEM INC., d/b/a MUNROE REGIONAL MEDICAL CENTER, Petitioner, Case NO. 05-2099 Vv. AHCA NO. 2005003672 STATE OF FLORIDA, AGENCY FOR ~ HEALTH CARE ADMINISTRATION, a - =r aj Respondent. ae / a. us) 2 FINAL ORDER _ a! wn oO Having reviewed the denial letter responding to a réquested exemption from providing emergency Plastic Surgery, Orthopedic and Otolaryngology services at Munroe Regional Medical Center (“Petitioner”) dated May 2, 2005, attached hereto and incorporated herein (Ex.1), and all other matters of record, the Agency for Health Care Administration (“Agency”) finds and concludes as follows: FINDINGS OF FACT 1. The Agency issued a denial letter, which responded to a request for exemption from providing emergency Plastic Surgery, Orthopedic and Otolaryngology services at Munroe Regional Medical Center. The denial letter charged that Petitioner failed to provide sufficient justification demonstrating that it has exhausted all reasonable efforts to ensure service capability through backup arrangements. The Petitioner has not demonstrated that it lacks sufficient physicians in active practice in each of these specialities to provide call to the hospital and to emergency patients 24 hours per day, 7 days per week. Since the Petitioner has not exhausted all reasonable efforts to ensure services capability through backup arrangements, the Agency denies the application for exemotion. 2. Petitioner was served the denial letter on May 4, 2005, by U.S. Certified Mail, Return Receipt Requested (#7001 0360 0003 3829 2426). See Exhibit 2. 3. Enclosed with the Notice of Intent was an Election of Rights form (Ex.3), which advised Petitioner of its right to a hearing pursuant to Section 120.57, Fla. Stat. 2004). 4. The Petitioner selected Option (3) within the Election of Rights, disputing the allegations of fact contained in the denial letter, and requesting a formal proceeding, pursuant to 120.57(1), Fla. Stat. (2004). 5. The facts, as alleged and found, establish that Petitioner failed to provide sufficient justification demonstrating that it has exhausted all reasonable efforts to ensure service capability through backup arrangements. Review of the emergency services provided by Munroe Regional Medical Center demonstrated that it lacks sufficient physicians in active practice in each of these specialties to provide call to the nospital and to emergency patients 24 hours per day, 7 days per week. Since the Petitioner has not exhausted all reasonable efforts to ensure services capability through backup arrangements, the Agency denies the application for exemption. 6. On duly 18, 2005, Petitioner filed a Notice of Voluntary Dismissal. See Exhibit 4. CONCLUSIONS OF LAW 7. Petitioner is a hospital over which the Agency has jurisdiction pursuant to the provisions of Section 20.42 Fla. Stat. (2004), and Chapter 395, Part I, Fla. Stat. (2004). Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. Based on Petitioner’s Notice of Voluntary Dismissal, Petitioner’s request for exemption from the provision of providing emergency Plastic Surgery, Orthopedic and Otolaryngology services at Munroe Regional Medical Center is moot, and this case is dismissed. DONE and ORDERED this {day of Cee oes , 2005 in Tallahassee, Leon County, Florida, Alan Levilne, Secretary A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH FILING FEE AS 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO EE REVIEWED. Copies furnished to: Michael O. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive Bldg #3 Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg. #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Laura MacLaffert fonit Manager Hospital and Qytparient Services Unit Agency for @lth Care Administration 2727 Mah Drive Bldg. #1 Mail Stop Code #31 see, FL 32308 office Mail) Sonya C. Penley, Administrator Greenberg Traurig, P.A. 101 Bast College Avenue Post Office Drawer 1838 Tallahassee, FL 32301 (U.S. Mail) Suzanne F. Hood Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 (U.S. Mail) Wendy Adams Facilities Intake Unit (Interoffice Mail) Jean Lombardi Fin. & Acct. (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or by the method designated, on this fe aay of — Aayest, 2005. —> rt ee, — Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873

Docket for Case No: 05-002099