STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION NORTH CENTRAL FLORIDA HOSPICE, INC., Petitioner, DOAH Case No. 05-3789CON AHCA Case No. 2005008599 vs. AHCA CON 9843 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; HOSPICE OF THE NATURE COAST; HOSPICE OF THE PALM COAST, INC.; and HEARTLAND SERVICES OF FLORIDA, INC., Respondents. HEARTLAND SERVICES OF FLORIDA, INC. Petitioner, DOAH Case No. 05-3790CON AHCA Case No. 2005008579 vs. AHCA CON 9846 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; HOSPICE OF CITCUS COUNTY, INC. d/b/a HOSPICE OF THE NATURE COAST; and HOSPICE OF THE PALM COAST, INC., Respondents. . HOSPICE OF THE PALM COAST, INC., Petitioner, DOAH Case No. 05-3791CON AHCA Case No. 2005008235 AHCA CON 9844 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and HOSPICE OF CITRUS COUNTY, INC., d/b/a HOSPICE OF THE NATURE COAST, Respondents. HOSPICE OF CITRUS COUNTY, INC., d/b/a HOSPICE OF THE NATURE COAST, Petitioner, DOAH Case No. 05-3976CON AHCA Case No. 2005008858 Pon] STATE OF FLORIDA, AGENCY FOR HEALTH AHCA CON 9843 CARE ADMINISTRATION; HOSPICE OF THE ce) PALM COAST, INC.; and HEARTLAND -. SERVICES OF FLORIDA, INC., Respondents. / FINAL ORDER THIS CAUSE concerns Petitions for Formal Administrative Proceedings. Petitioners Hospice of The Palm Coast, Inc. filed a Petition on or about September 16, 2005, North Central Florida Hospice, Inc. filed a Petition on or about September 28, 2005, Heartland Services of Florida, Inc. filed a Petition on or about September 29, 2005, and Hospice of Citrus County, Inc. filed a Petition on or about October 11, 2005. The Petitions related to the Agency’s denial of Certificate of Need Applications 9843, 9844, and 9846. FINDINGS OF FACT 1. On or about April 25, 2006, Heartland Services of Florida, Inc. withdrew its CON application No. 9846 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH, attached hereto as Ex. A. 2. On or about May 01, 2006, Hospice of the Palm Coast, Inc. withdrew its CON application No. 9844 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH, attached hereto as Ex. B. 3. On or about June 1, 2006, North Central Hospice, Inc. (“NCFH”), and Hospice of Citrus County, Inc. (“HOCC”), filed a Joint Motion for Remand, based upon serious settlement negotiation, attached hereto as Ex. C. 4. On or about April 28, 2006, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal (Heartland Services of Florida, Inc.), attached hereto as Ex. D. 5. On May 03, 2006, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal (Hospice of the Palm Coast, Inc.), attached hereto as Ex. E. 6. On June 08, 2006, the Administrative Law Judge assigned to the case issued an Order Remanding without Prejudice based on North Central Hospice, Inc.’s (NCFH”), and Hospice of Citrus County, Inc.’s (“CHOCC”), Joint Motion for Remand, attached hereto as Ex. F. 7 On or about December 29, 2006, North Central Hospice, Inc. (NCFH”), and Hospice of Citrus County, Inc. (“HOCC”), withdrew CON application No. 9843 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH, attached hereto as Ex. G. 8. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissals; Order Closing Files, Joint Motion for Remand, and Order Remanding Without Prejudice. 9. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2005). Based on the foregoing, IT IS ADJUDGED THAT: The subjects’ Petitions for Formal Administrative Proceedings pending before the Agency are hereby dismissed. The Agency’s denial of Certificate of Need Applications 9843, 9844, and 9846 are upheld. DONE and ORDERED this (S4—~day of Florida. , 2007, in Tallahassee, Akdrew C. Agwunobi, M.D., Secretary Agency for Health Caré 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 THE FILING FEES 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Thomas F. Panza, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Ft. Lauderdale, FL 33308-6225 (by U.S. Mail) Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 (by U.S. Mail) R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 (by U.S. Mail) H. Darrell White, Esquire H. Darrell White, P.A. 223 South Gadsden Street Tallahassee, Florida 32301 (by U.S. Mail) Paul H. Amundsen, Esquire Amundsen & Smith, P.A. Post Office Box 1759 Tallahassee, Florida 32302-1759 (by U.S. Mail) David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 (by U.S. Mail) 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) Jeffrey Gregg Chief Bureau of Health Facility Regulation Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #28 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by fee US. Mail, this 7” day of _ABe£ _, 2007, to the above-nayeedk Richard Shoop, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 05-003789CON

Orders for Case No: 05-003789CON