STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CON NOS. 9853, 9854, 9855, 9856 & 9857 2th APR OTS RENDITION NO. HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; HOPE OF SOUTHWEST FLORIDA, INC.; HOSPICE OF OKEECHOBEE, INC.; HOSPICE OF THE PALM COAST, INC.; and VITAS HEALTHCARE CORPORATION OF FLORIDA, Respondents, and HOSPICE OF LAKE AND SUMTER, INC.; And HOPE OF SOUTHWEST FLORIDA, INC., Intervenors. VITAS HEALTHCARE CORPORATION OF FLORIDA, Petitioner, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; HOPE OF SOUTHWEST FLORIDA, INC.; HOSPICE OF OKEECHOBEE, INC.; HOSPICE OF THE PALM COAST, INC.; and HEARTLAND SERVICES OF FLORIDA, INC. f/k/a HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Respondents. DOAH CASE NO. 05-3792CON AHCA NO. 2005008553 ms 3 = = Low] ae2z 3 ez 225 o sae aug > < = mn a So DOAH CASE NO. 05-3793CON AHCA NO. 2005008266 HOSPICE OF THE PALM COAST, INC., Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOPE OF SOUTHWEST FLORIDA, INC. Intervenor. HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; HOSPICE OF THE PALM COAST, INC.; VITAS HEALTHCARE CORPORATION OF FLORIDA; HOSPICE OF OKEECHOBEE, INC.; and HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Respondents. FINAL ORDER THIS CAUSE concems a Petition for Formal Administrative Hearing that Heartland Hospice Services of Florida, Inc. (“Heartland”) filed on September 29, 2005; a Petition for Formal Administrative Hearing that Vitas Healthcare Corporation of Florida (‘“‘Vitas”) filed on September 23, 2005; a Petition for Formal Administrative Hearing that Hospice of the Palm Coast, Inc. (“Palm Coast”) filed on September 19, 2005; and a Granted Applicant Petition that DOAH CASE NO. 05-3794CON AHCA CASE NO. 2005008233 DOAH CASE NO. 05-3975CON AHCA CASE NO. 2005008859 Hope of Southwest Florida, Inc. (“Hope”) filed on October 5, 2005. On October 12, 2005, Heartland’s Petition was forwarded to the Division of Administrative Hearings by the Agency, and assigned to an Administrative Law Judge under DOAH No. 05-3792CON; Vitas’ Petition was forwarded to the Division of Administrative Hearings by the Agency, and assigned to an Administrative Law Judge under DOAH No. 05- 3793CON; and Palm Coast’s Petition was forwarded to the Division of Administrative Hearings by the Agency, and assigned to an Administrative Law Judge under DOAH No. 05-3794CON. On October 18, 2005, Hospice of Lake and Sumter, Inc. filed a Petition to Intervene in 05-3793CON and 05-3794CON. On October 21, 2005, Hope filed a Petition to Intervene in 05-3792CON. On October 24, 2005, Hope’s Petition for Formal Administrative Hearing was forwarded to the Division of Administrative Hearings by the Agency, and assigned to an Administrative Law Judge under DOAH No. 05-3975CON. On January 9, 2006, Hospice of Lake and Sumter, Inc. filed a Notice of Voluntary Dismissal of its Petitions to Intervene in 05-3793CON and 05-3794CON. On January 10, 2006, the ALJ rendered an Order dismissing Hospice of Lake and Sumter, Inc’s Petitions to Intervene in 05-3793CON and 05-3794CON. On March 17, 2006, Heartland filed a Notice of Voluntary Dismissal of its Petition in 05- 3792CON, and its CON application. On March 20, 2006, Vitas filed a Notice of Voluntary Dismissal of its Petition in 05- 3793CON based on the fact that it was withdrawing its CON application. On March 22, 2006, Palm Coast filed a Notice of Voluntary Dismissal of its Petition in 05-3794CON, and its CON application. On March 23, 2006, the ALJ rendered an Order Closing File in 05-3792CON based on Heartland’s Notice of Voluntary Dismissal, and in 05-3794 CON based on Palm Coast’s Notce of Voluntary Dismissal. On April 3, 2006, Hope and the Agency filed a Joint Motion to Relinquish Jurisdiction in 05-3975CON based on the fact that the co-batched applicants in 05-3792CON, 05-3793CON, and 05-3794CON had all withdrawn their petitions and there were no remaining disputed issues of fact. On April 4, 2006, the ALJ rendered an Order Closing File in 05-3793CON and 05- 3975CON based on the Vitas’ Notice of Voluntary Dismissal in 05-3793CON and the Joint Motion to Relinquish Jurisdiction in 05-3975CON. IT IS THEREFORE ORDERED AND ADJUDGED THAT: All the Petitions for Formal Administrative Hearings filed in these cases are dismissed; the Agency shall grant Hope’s CON Application No. 9853; and these cases are now closed. DONE and ORDERED this | 3 day of Apu | , 2006, in 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 irue and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 6 a day of Ail. , 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 Timothy Elliott, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Geoffrey D. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Deborah S. Platz, Esquire Panza, Mauer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Jan Millis Facilities Intake Elizabeth Dudek Health Quality Assurance SMITE nt fe NS f teerl Yet Melee Ta et el ne STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Teh, AEE VITAS HEALTHCARE CORPORATION OF FLORIDA, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, HOPE OF SOUTHWEST FLORIDA, INC., HOSPICE OF OKEECHOBEE, INC., HOSPICE OF THE PALM COAST, INC., and HEARTLAND SERVICES OF FLORIDA, INC., £/k/a HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Respondents. a HOPE OF SOUTHWEST FLORIDA , INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, HOSPICE OF THE PALM COAST, INC., VITAS PEALTHCARE CORPORATION OF FLORIDA, HOSPICE,OF OKEECHOBEE, INC., and HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Respondents. Linen ) ) } ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 7 ) ) ) ) ) ) ) Svea Case No. 05-3793CON Case Wo. 05-3975CON ORDER CLOSING FILES This cause having of Voluntary Dismissal Joint Motion to Relinquish Jurisdiction filed in Case No. come before the undersigned on the Notice filed in Case No. 05-3793CON and the 6S- le ~ 94/09/2008 12°46 FAR Boga |oey LA UPFILES el ad 3975CON, and the undersigned being fully advised, it is, therefore, ORDERED that: i, The final hearing in this cause scheduled for May 8 through 12, 15 through 19 and 22 through 26, 2006, is hereby cancelled. 2. The files of the Division of Administrative Hearings in the above-captioned matter are hereby closed. DONE AND ORDERED this 4th day of April, 2006, in Tallahassee, Leon County, Florida. Lo aL DL borer CHARLES A, STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (950) 921-6847 wwv.doah.state.fl.us Piled with the Clerk of the Division of Administrative Hearings this 4th day of April, 2006. COPTES FURNISHED: Timothy Elliott, Esquire Agency for Health Care Administration 2727 Mahan Orive, Building 3 Mail Station 3 Tallahassee, Florida 32308 offrey DO. Smith, Esquire nk, Meenan & Smith, P.A. South Monroe Street t Office Box 11068 lahassee, Florida 32302-3068) SHoun wm OOF YO os ou a en ad QF/99/290b5 12°40 FAN BIVOES locy Law Vrrshes 1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS? fet - 5 2321 HOPE OF SOUTHWEST FLORIDA, INC. Petitioner, vs. CASE NO. 05-3975CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / ee JOINT MOTION TO RELINQUISH JURISDICTION Counsel for Hope of Southwest Florida, Inc. (hereinafter “Hope”) by and through undersigned counsel, hereby submits this Joint Motion to Relinquish Jurisdiction, and in support hereof, states: 1. Counsel for Hope has conferred with counsel for the Agency for Health Care Administration (hereinafter “AHCA”), and is authorized to represent that counsel for the AHICA joins in and supports this Joint Motion to Relinquish Jurisdiction. In the above-styled matter Hope of Southwest Florida, Inc., is a preliminarily approved applicant for CON 9853 for an additional hospice program to serve AHCA hospice service area 6B. This case was initially consolidated with DOAH cases 05-3792 (denied co- batched applicant Heartland Hospice Services of Florida, Inc., CON 9857), 05- 3793 (denied co-batched applicant Vitas Healthcare Corporation of Florida, CON ~ 94/05/2008 12:48 FAX 8509341620 LAg Urriles » or f st ee eee 9856), and 05-3794 (denied co-batched applicant Hospice of the Palm Coast, Inc., CON 9855). 4, All above listed co-batched, comparatively reviewed, preliminarily denied applicants have filed notices of voluntary dismissal. §, There are no remaining disputed issues of fact. WHEREFORE, BASED UPON THE FOREGOING, it is respectfully requested that the Administrative Law Judge enter an Order granting this Joint Motion to Relinquish Jurisdiction to the Agency for Health Care administration for euiry of a final order granting Hope of Southwest Florida, Inc.’s application for CON 9853 for an additional hospice program to serve AHICA service area 6B. Respectfully submitted this 3" day of April, 2006. J. ROBERT GRIFFIN, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 (850) 893-7904 Fascimile (850) 894-1620 ly Hide Counsel for HOPE OF SOUTHWEST FLORIDA, INC. “O4/Gae 20905 164540 FAR Ba ee ' CERTIFICATE OF SERVICE HEREBY CERTIFY that a tue and correct copy of the foregoing has been filed Division of Administrative Hearings via Facsimile, and a true and correct copy wing attorneys this 3"° day of April, 2006. with the has been provided via U.S. Mail to the follo Tim Elliott, Esquire Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3, MS#3 Tallahassee, FL 32308-5403 Le A oS go. pi Hex Linh bey “

Docket for Case No: 05-003792CON