STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 4%, 2B its HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, DOAH NO. 05-3784CON AHCA NO. 2005008596 vs. : CON # 9862 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF PALM BEACH COUNTY, INC., and VITAS HEALTHCARE CORPORATION OF FLORIDA, Intervenors. FINAL ORDER THIS CAUSE concerns the Petition for Formal Administrative Proceedings that Petitioner, Heartland Hospice Services of Florida, Inc. (“Heartland”) filed on October 12, 2005. On October 12, 2005, the Petition was forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge. A Petition to Intervene was filed by Hospice of Palm Beach County, Inc. on October 13, 2005, and Vitas Healthcare Corporation of Florida, on November 8, 2005. The Petitions above are related to the Agency’s denial of Certificate of Need Application 9862. On April 25, 2006, Petitioner Heartland filed a Notice of Voluntary Dismissal of its Petition. On April 26, 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 closed. The Agency’s denial of Certificate of Need Application 9862 is upheld. - DONE and ORDERED this 1°” day of _Jv | , 202% in y 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 IP Gay of dee. , 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: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 Geoffrey D. Smith, Esquire Smith and Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Janice Mills Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail

Docket for Case No: 05-003784CON