STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION “ hoy 7Y \ Qhee __ THE HOSPICE OF THE FLORIDA SUNCOAST, INC., , a Petitioner, DOAH Case No. 06-1269 COB a , CON No. 9898 g., @€ Be, “2 VS. . REG ~ a. net Oe oe “ STATE OF FLORIDA, AGENCY FOR BAe vy HEALTH CARE ADMINISTRATION, GLA we 4 ? Respondent. “ / FINAL ORDER THE STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter the “Agency”), having reviewed all matters of record including CON Application No. 9898; and having entered into a Settlement Agreement with THE HOSPICE OF THE FLORIDA SUNCOAST, INC. (hereinafter "Petitioner"), which Agreement is attached hereto as Exhibit 1; and being otherwise well advised in the premises: . It is ORDERED and ADJUDGED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. The Agency hereby approves the issuance of Certificate of Need No. 9898 to Petitioner. 3. The above-styled case is hereby closed. DONE and ORDERED this_Q'aay or_Nrrember__, 2006, in Tallahassee, Leon County, Florida. Christa Calamas, 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 APPEALLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Karin M. Byme, Esq. Assistant General Counsel (Interoffice Mail) Elizabeth Dudek Deputy Secretary (Interoffice Mail) Jan Mills (interoffice Mail) Julia Smith, Esq. Amundsen & Smith P. O. Box 1759 Tallahassee, Florida 32302-1759 Charles Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named persons and entities by U.S. Mail, or the method designated, on this 2b day of Aye bel ~, WW. Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FILED 100 NOV 22 AIS THE HOSPICE OF THE FLORIDA DIVISIOH OF SUNCOAST, INC., ADMINISTRATIVE HEARINGS Petitioner, DOAH Case No. 06-1269 CON CON No. 9898 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT Respondent, the State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Petitioner, The Hospice of the Florida Suncoast, Inc. (hereinafter "Petitioner") (hereinafter collectively the "parties" and each individually a "party"), pursuant to Section 120.57(4), Florida Statutes, hereby enter into this Settlement Agreement (the “Agreement") stating as follows: . WHEREAS, Petitioner is an applicant for a certificate of need to establish a 30- bed hospice facility in Pinellas County, District 5; and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory authority responsible for the review and approval of certificate of need applications, pursuant to Sections 408.035, 120.569 and 120.57, Florida Statutes; and WHEREAS, the Agency published a notice in the March 10, 2006, Florida Administrative Weekly, notifying the Petitioner of its intent to deny CON application No. 9898; and WHEREAS, the Petitioner challenged the preliminary denial of its CON _ application; and. WHEREAS, the Petitioner has provided the Agency with clarifying information as to the hospice facility which would alleviate the Agency's concerns; and WHEREAS, the parties have agreed that a fair, efficient, and cost-effective agreement to resolve this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties have negotiated and agreed that the best interests of the parties will be served by a settlement of this proceeding; NOW, THEREFORE, in consideration of the mutual promises and recitals herein, the parties, intending to be legally bound, agree as follows: 1. All of the above recitals are true and correct and are expressly incorporated herein as binding upon the parties, as well as upon all entities identified in Paragraph 8 hereof. 2. All section numbers set forth herein refer to the Florida Statutes in effect at the time of execution of this Agreement, and all rule numbers that may be set forth herein refer to the Florida Administrative Code in effect at the time of execution of this Agreement. 3. Upon full execution of this Agreement, the Agency agrees to issue a Final Order approving CON No. 9898. 4. Upon full execution of this Agreement, Petitioner: A. agrees to withdraw its Petition for a formal administrative proceeding; B. agrees to waive its rights under Section 120.57(1) or under any applicable statute or rule to any proceeding, including appeals under Section 120.68 and any other appeals; C. agrees to waive compliance with the form of the Final Order (i.e., Findings of Fact and Conclusions of Law) to which it may be entitled; and Dz. agrees to waive any right to declaratory and all other writs of relief in any court or quasi-court of competent jurisdiction (e.g., the Department of Administrative Hearings); provided, however, that nothing herein shall be deemed a waiver by either party of its right to judicial enforcement of this Agreement. . 5. Venue for any action brought to enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida. 6. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and closing the above- styled case. 7. Each party shall bear its own costs and attorney's fees. 8. Petitioner, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, 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 the Agency'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 Petitioner or related facilities. 9. This Agreement is binding upon all parties herein and those identified in Paragraph 8 above. 10. =‘ This Agreement constitutes the entire agreement between the parties and supersedes any prior discussions, agreements, or understandings between the parties. No modification or waiver is valid unless written and properly executed. 11. Any attempted assignment of this Agreement shall be void. 12. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 13. . Each individual signing below hereby expressly represents that (s)he is duly authorized to enter into this Agreement on behalf of the entity on whose behalf (s)he is signing below. AGENCY FOR HEALTHCARE TheHgspice of the Floyida Suncoa ADMINISTRATION 7) ye a By: Aeedte. Seapsehe ! Elizabeth Dudek, Deputy Sécrétary ary J. Lata Division of Health Quality Assurance Chief Executive Officer Date: UL: SU be. Date: ) \ jal 06 | By: bt Lote William H. Roberts, Acting General Counsel Date: f li ble Of Ac Byrne, aan ss. Counsel Date: Diordtandats 1, DO 6 272'7 Mahan Drive, Building 3, MSC #3 Tallahassee, Florida 32308

Docket for Case No: 06-001269CON