STATE OF FLORIDA nen AGENCY FOR HEALTH CARE ADMINISTRATION ~ ny 1005 Eo 23 North Central Florida Hospice, Inc., I ug d/b/a Haven Hospice Petitioner, DOAH No. 05-3788CON AHCA No. 2005008598 vs. " , CON No. 9847 State of Florida, Agency for Health Care Administration, Respondent. FINAL ORDER The Agency for Health Care Administration (‘AHCA”), having entered into a’ Stipulation and Settlement Agreement with Petitioner (Haven Hospice”) and being otherwise well-advised in the premises, finds as follows: | It i ORDERED that: 1. The Stipulation and Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. AHCA hereby approves the issuance of CON No. 9847 to Petitioner Haven Hospice to establish a 12-bed freestanding inpatient hospice facility in Columbia County, AHCA Service District 3, Service Area 3A. 3. The above referenced case is hereby dismissed. ay DONE and ORDERED thie > day of “Det mecte— 2005, in Tallahassee, Leon County, Florida. SS) Alan Levin | Secretary Agency for Health Care Administration 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, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. , Copies furnished to: Elizabeth Dudek .R. Terry Rigsby, Esquire Deputy Secretary Carlton Fields, P.A. Agency for Health Care Admin. 215 South Monroe, Suite 500 2727 Mahan Drive, Bldg.3, MS 9 Tallahassee, Florida 32301 Tallahassee, Florida 32308 (Interoffice Mail) Timothy B. Elliott, Esquire Janice Mills Senior Attorney (Inter-office Mail) Agency for Health Care Administration 2727 Mahan Drive, Bidg. 3, MS 3 Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Final Order was served on the above-named person(s) and entities by U.S. Mail or the method designated on this aay Of «Adee _, 2005. Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. 3, MS 3 Tallahassee, Florida 32308-5403 Fy (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NORTH CENTRAL FLORIDA HOSPICE, ‘ INC., d/b/a HAVEN HOSPICE, ’ Petitioner, ' CASE NO.: 05-3788CON vs. CONNO.: 9847 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. STIPULATION AND SETTLEMENT AGREEMENT This Stipulation and Settlement Agreement (“Agreement”) is entered into as of this. 8" day of December, 2005, between North Central Florida Hospice, Inc. d/b/a Haven Hospice (“Applicant”), and the Agency for Health Care Administration (‘AHCA”) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Rule 59C-1.0105(3), Florida Administrative Code. WHEREAS, on or about May 25, 2005, Applicant timely submitted an application to AHCA for Certificate of Need (“CON”) No. 9847 to establish a 12-bed freestanding inpatient hospice facility in Columbia County, AHCA Service District 3, Service Area 3.A; and WHEREAS, AHCA initially reviewed Applicant’s CON application and issued a preliminary notice of intent to deny it on or about August 26, 2005 [and on September 9, 2005, published notice ofits intent to deny said CON application, in Volume 31, Number 36 of the Florida Administrative Weekly]; and TAL#557257.1 WHEREAS, on or about September 28, 2005 , Applicant initiated this proceeding by timely filing a Petition for Formal Administrative Hearing to challenge AHCA’s initial determination to deny its CON Application; and \ WHEREAS, on or about October 12, 2005, AHCA referred the Petition to the Division of Administrative Hearings, resulting in this above-styled case; and . | WHEREAS, subsequent to the initiation of this proceeding, representatives from Applicant and AHCA'met in an effort to reach an amicable resolution of the issues, and at that meeting, and in subsequent communications, Applicant provided clarification regarding its CON Application; and | ‘WHEREAS, Applicant has provided sufficient clarifying information so that AHCA’s concems relating to the proposed project as expressed in the State Agency Action Report have been resolved to its satisfaction; and | | WHEREAS, the parties wish to resolve their differences in an amicable manner and in a. manner which reduces costs and litigation, and is a manner which promotes the goals and objectives of the Florida Certificate of Need law. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The parties already have filed, or shall file, in this case a Joint Motion for Relinquishment of Jurisdiction that notifies the administrative law judge (“ALJ”) of the impending finalization of settlement of this case and seeks an order relinquishing jurisdiction of this case back to AHCA for finalization of settlement and entry ofa Final Order approving the CON at issue, with leave of either party to seek to move to reinstate jurisdiction if AHCA’s Final Order is not entered ‘within 90 days of relinquishment by the ALI. 3. After jurisdiction is relinquished back to AHCA by the ALJ, AHCA shall promptly enter a Final Order which approves the issuance of the CON at issue to Applicant, adopts and incorporates this Agreement, and dismisses the pending AHCA case in this matter. 4. Applicant hereby waives the right to any further administrative, judicial, or similar proceedings it may be entitled to in this matter, including any requirement of any formal final order (findings of fact and conclusions of law) and including, but not limited to, any informal proceeding under Subsection 120.57(2), any formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes, any declaratory or other writ of relief in any court or quasi-court (e.g., Florida Division of Administrative Hearings) of competent jurisdiction. Provided, however, that no agreement herein shall be deemed a waiver by either party of its right to judicial or administrative enforcement of this Agreement. 5. Per its stated condition, the Applicant shall site the proposed inpatient hospice facility in Columbia County. 6. The parties agree that this Agreement is a legal and binding document, and is enforceable in any court of competent jurisdiction. Should litigation by required to enforce the terms and conditions of this Agreement, said litigation shall be filed in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida. 7. Applicant, for itself and for its related or resulting organizations, its successors or transferees, agents, attorneys, and representatives, does hereby discharge AHCA and its agents, representatives, and attorneys, of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or'in any way related to this matter and AHCA’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this Agreement, by or on behalf of, Applicant, or related entities. 8. : This Agreement contains all understandings and agreements (whether oral, written or otherwise) of the parties and supersedes any prior oral or written agreements, understandings, or representations. 9. This Agreement may not be amended except in writing signed by all parties hereto. ‘10. ‘ This Agreement shall be binding upon and shall inure to the benefit of the parties successors and permitted assigns. No assignment of this Agreement shall be valid unless approved by AHCA in writing. Lae The parties hereto agree to fully cooperate and execute any supplemental documents, if negessary, and take all additional acts that may be necessary, to give full force and effect to the terms and conditions of this Agreement. 12. Each party shall bear its own costs and attomney’s fees with respect to this Agreement as well as with respect to the matters referenced herein. 13. This Agreement shall be governed by the laws of the State of Florida. 14. This Agreement may be executed in as many counterparts as may be required, and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on more than one counterpart. All counterparts shall collectively constitute a single agreement. Also, facsimile signatures may be used in place of original signatures on and for this Agreement. All parties hereto are expressly aware that the other parties will rely upon facsimile signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. 15. Each party agrees that it enters into this Agreement voluntarily and knowingly. 16. The undersigned have read and understand this Agreement and hereby represent and warrant that they have authority to bind their respective principals to it. IN WITNESS WHEREOF the parties hereto have set their hands and seals effective the day and date first written above. AGENCY FOR HEALTH CARE ADMINISTRATION Agency fot Health Care Administration 2727 Mahan Drive, Bldg. 1 Tallahassee, FL 32308-5403 Christa Calamas, General Counsel Florida Bar No. 0142123 Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 ‘NORTH CENTRAL FLORIDA HOSPICE, INC. d/b/a HAVEN HOSPICE Tim Bowen, Executive Director North Central Florida Hospice, Inc. 4200 NW 90" Boulevard Gainesville, FL 32606 > R. Terry Rigsby, Boquir Florida Bar No. 202045 Carlton Fields, P.A. 215 South Monroe Street, Ste. 500 Tallahassee, FL 32301 Counsel for North Central Florida Hospice, Inc. 11/89/2885 g@:59 352-379-6266 HOSPICE OF NCF PAGE 06/86 parties will rely upon facsimile signatures, and hereby waive any defenses to the enforcement of the terms of this Agrcement based on the form of signature. 15. Each party agrees that it enters into this Agreement voluntarily and knowingly. 16 The undersigned have read and understand this Agreement and hereby represent and warrant that they have authority to bind their respective principals to it. IN WITNESS WHEREOF the parties hereto have set their hands and seals effective the day and date first written above. AGENCY FOR HEALTH CARE NORTH CENTRAL FLORIDA ADMINISTRATION HOSPICE, INC. d/b/a HAVEN Tirh Bowen, Executive Director North Central Florida Hospice, Inc, 4200 NW 90" Boulevard ” Gainesville, FL 32606 Elizabeth Dudek, Deputy Sécretary Agency for Elealth Care Administration 2727 Mahan Drive, Bidg. 1 Tallahassee, FL 32308-5403 Christa Calamas, General Counsel R. Terry Rigsby, Esquire Florida Bar No. 0142123 Florida Bar No, 202045 Agency for Health Care Administration Carlton Fields, P.A. 2727 Mahan Drive, Mail Stop #3 215 South Monroe Street, Ste. 500 Tallahassee, FL 32308 Tallahassee, FL. 32301 Counsel for North Central Florida Uospice, Inc.

Docket for Case No: 05-003788CON