STATE OF FLORIDA om AGENCY FOR HEALTH CARE ADMINISTRA REHABILITAITON HOSPITAL OF SARASOTA, Petitioner, vs. AHCA No. 2006011022 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, and HEALTHSOUTH OF SARASOTA LIMITED PARTNERSHIP d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF. SARASOTA, Intervenor. ) ) ) ) ) ) ) ) ) ) ) -Respondent, ) ) ) ) ) ) ) ) ) ) ) FINAL ORDER This matter involves the denial of a change of ownership application of a rehabilitation hospital license. The Petitioner, Rehabilitation Hospital of Sarasota (hereinafter “the Applicant”), submitted the change of ownership application.! The Respondent, State of Florida, Agency for Health Care Administration (hereinafter “the “Agency”), issued a Notice of Intent to Deny the application based in part upon the Applicant’s failure to provide closing documents signed by the buyer and seller evidencing an intent to change the ' The Notice of Intent to Deny inadvertently referred to the application as seeking a renewal license. ownership of the license. See Exhibit “1.” Upon the receipt of an Election of Rights form selecting Option 3 requesting a formal hearing and a Petition for Formal Administrative Hearing, the Agency referred the case to the Division of Administrative Hearings (hereinafter “‘DOAH”). Thereafter, the holder of the license, Healthsouth of Sarasota Limited Partnership d/b/a Healthsouth Rehabilitation Hospital of Sarasota (hereinafter “the Licensee”), filed with DOAH a Petition for Leave to Intervene taking the position that it owned the license being sought and that no transfer of ownership had occurred or was pending. The Licensee aligned itself with the Agency in opposition to the Applicant. At the time, the Applicant and the Licensee were also involved in civil litigation in a state circuit court about an action related to this facility. The Administrative Law Judge granted the Licensee leave to intervene in the administrative proceeding and abated the administrative proceeding pending the outcome of the civil litigation. The Applicant and Licensee recently resolved their civil litigation. The Applicant sought a relinquishment of jurisdiction from DOAH on grounds that it was entering into a settlement agreement with the Licensee in the related civil litigation, which would also resolve this administrative proceeding. The Administrative Law Judge granted the motion and closed-the DOAH file. The Applicant then filed a Notice of Voluntary Dismissal With Prejudice dismissing its Petition for Formal Hearing and withdrawing from review its change of ownership application for this license. See Exhibit “2.” IT IS THEREFORE ORDERED AND ADJUDGED THAT: 1. The Applicant’s change of ownership application is withdrawn from further review. . 2. The Applicant’s petition for formal administrative hearing is dismissed. 3. Each party shall bear its own costs and attorney’s fees. 4. The above-styled matter is closed. DONE AND ORDERED on this Kae day of hayedh 2008, in Tallahassee, Florida. Se 7 HOLLY BENSON, SECRET. 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 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Elizabeth Dudek, Deputy Secretary Thomas M. Hoeler, Senior Attorney Division of Health Quality Assurance | Office of the General Counsel Agency for Health Care Admin. Agency for Health Care Admin. 2727 Mahan Drive, Bldg #1, MS #9 525 Mirror Lake Drive North, #330D Tallahassee, Florida 32308 St. Petersburg, Florida 33701 Interoffice Mail) Interoffice Mail Jan Mills Agency for Health Care Admin. 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Laura MacLafferty, Unit Manager Agency for Health Care Admin. Hospital and Outpatient Services Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail) Jonathan S. Grout, Esquire Goldsmith, Grout & Lewis, P.A. 2160 Park Avenue North Winter Park, Florida 32790-2011 Counsel for Petitioner U.S. Mail) Deborah S. Platz, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308-6225 Co-Counsel for Intervenor (U.S. Mail) Honorable William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Interoffice Mail) Ronald L. Collier, Esquire Abel Band, Chartered Post Office Box 49948 Sarasota, Florida 34230-6948 Co-Counsel for Intervenor (U.S. Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the LS day of Avzis >__, 2008. —— Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 jan, 3. 2UU 7 2:42PM Hdinsmeth, Wrout & LEWES WH. UMOD hoo FLORIDA AGENCY FOR HEALTH CARE JEB BUSH , CHRISTA CALAMAS GOVERNOR SECRETARY December 20,2006 i CERTIFIED MAIL oe William G. Buokles, Jr, Rehabilitation Hospital of Sarasota 4906-A Creekside Drive Clearwater, PL 33760 NOTICE OF INTENT TO DENY (2006011022) Pursuant to Section 408.806(3)(b), Florida Statutes, (F.S.) the application for license renewal of November 3, 2006 submitted by Rehabilitation Hospita] of Sarasota is DENIED for the following omissions: : This office has not received closing documents signed by the buyer and the seller. Patient’s Compensation Fund insurance © policy must be in force at time of submittal to the agency. You were notified by certified mail dated November 8, 2006 10 provide this required documentation within twenty-one days from the receipt of the letter as noted on the United States Postal Service delivery confirmation notice as November 10,2006. As this information was-not received timely by the Agency, the application is deemed incomplete and withdrawn from, a, further consideration, : EXPLANATYON OF RIGHTS Pursuant to Section 120.569, Florida Statutes, (F.S.) you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for' an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (P.A.C), and must state the material facts you dispute. SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS Sincerely, Lavra MacLafforty Unit Manager Hospital & Outpatient Services Unit ce: Agency Clerk, Mall Stop 3 Jan Mills, Mail Stop 3 Fr. Myers Field Office Kylla S. Barabash, Hospital & Outpalient Services Unit . : 7 Legal File 2727 Mahan Drive, MS#314 a Vialt AHCA online at Tallahassee, Florida 32306 EXHIBIT ; http!//ehoa. myfloride.oom 1 Jun. 13, 2008 8:52AM Goldsmith, Grout & Lewis No. 3955 PL 2/3 STATE OF FLORIDA AGENCY FOR HEATLH CARE ADMINISTRATION REHABILITATION HOSPITAL OF SARASOTA, Petitioner, v. , : CASE NO.: 07-0250 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HEALTHSOUTH OF SARASOTA LIMITED PARTNERSHIP, d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF SARASOTA, Intervenor. / NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioner, REHABILITATION HOSPITAL OF SARASOTA, by and through its undersigned attomey, herein files this Notice of Voluntary Dismissal with Prejudice. Petitioner and Yntervenor agree that these parties shall be responsible for their own costs and attorneys’ fees, I HEREBY CERTIFY that on this / 3 4, of June, 2008 the foregoing has been furnished by facsimile to the following: Agency Clerk Agency for Health Care Administration Facsimile: (850) 921-0158 Mark A. Emanuele, Esquire ee ee Deborah S. Platz, Esquire PANZA, MAURER & MAYNARD, P.A. Facsimile: (954) 390-7991 EXHIBIT Jun 13. 2008 8:52AM Goldsmith, Grout & Lewis No. 3955 =P. 3/3 Thomas M. Hoeler, Esquire Agency for Health Care Administration Facsimile: (727) 552-1440 IN L. GOLDSMITH, ESQUIRE Florida Bar #274534 JONATHAN S. GROUT, ESQUIRE Florida Bar #296066 PETER A. LEWIS, ESQUIRE Florida Bar #851639 GOLDSMITH, GROUT & LEWIS, P.A. 2160 Park Avenue North Winter Park, Florida 32789 Telephone: (407) 740-0144 Facsimile: (407) 740-8574 Attorneys for Petitioner

Docket for Case No: 07-000250