. FILED STATE OF FLORIDA ANCA AGENCY FOR HEALTH CARE ADMINISTRATION = AGENCY CLERK MOOT HAR TT A % UY: Co ot a uN ws “nN Be a SELECT SPECIALTY HOSPITAL- CED, % BROWARD, INC. BEG yO CEA @ Petitioner, DOAH Case No. 07-0597 CQN 2 AHCA CASE NO. 2007000724 v. CON No. 9946 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / PROMISE HEALTHCARE OF FLORIDA X, INC., Petitioner, DOAH CASE NO. 07-0598CON AHCA CASE NO. 2007000890 v. CON NO. 9945 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9946, which was filed by SELECT SPECIALTY HOSPITAL - BROWARD, INC. (hereinafter "Select - Broward”) and CON Application No. 9945, which was filed by PROMISE HEALTHCARE OF FLORIDA X, INC. (hereinafter “Promise”) in the Second Batching Cycle of 2006, requesting a CON to establish a long-term care hospital. The Agency denied the applications. Thereafter, Select - Broward and Promise timely filed a Petition for Formal Administrative Hearing with respect to the denial, which the Agency Clerk forwarded to the Division of Administrative Hearings (*DOAH”). — On February 9, 2007, the cases were consolidated. The Petitions above are related to the Agency’s denial of CON Application Nos. 9945 and 9946. On February 5, 2009, Petitioner Select - Broward filed a Notice for Mutual Voluntary Dismissal with Prejudice of the Agency’s denial of CON Application No. 9946. The Notice for Mutual Voluntary Dismissal with Prejudice is attached as Exhibit A. On February 5, 2009, Petitioner Promise filed a Notice of Mutual Voluntary Dismissal of the Agency’s denial of CON Application No. 9945. The Notice of Mutual Voluntary Dismissal is attached as Exhibit B. On February 5, 2009, the Agency and Petitioners Select — Broward, Promise entered into a Stipulation for Mutual Voluntary Dismissals. The Stipulation for Mutual Voluntary Dismissals is attached as Exhibit C. On February 5, 2009, the Administrative Law Judge assigned to the cases issued an Order Relinquishing Jurisdiction and Closing Files based on Select - Broward’s Notice for Mutual Voluntary Dismissal with Prejudice and Promise’s Notice of Mutual Voluntary Dismissal. The Order Relinquishing Jurisdiction and Closing Files is attached as Exhibit D. IT IS THEREFORE ORDERED AND ADJUDGED THAT: 1. The Petitions for Formal Administrative Proceedings pending before the Agency is hereby closed. The Agency’s denial of Certificate of Need Applications 9945 and 9946 is upheld. 2. The above-styled cases are hereby closed. DONE and ORDERED this day of _ 2009, in Tallahassee, Florida. HOLLY BENSON, 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 true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this day of , 2009. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #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 F. Philip Blank, Esquire Blank and Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Attorney for Promise Healthcare of Florida X, Inc. Mark A. Emanuele, Esquire Panza, Maurer & Maynard, P.A. 3600 North Federal Highway, Floor 3 Fort Lauderdale, Florida 33308 Attorney for Seiect Specialty Hospital - Broward, Inc. Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL - BROWARD, INC., Petitioner, vs. CASE NO.: 07-0597CON | AGENCY FOR HEALTH CARE ADMINISTRATION, i Respondent. PROMISE HEALTH CARE OF FLORIDA, X, INC., Petitioner, vs. CASE NO.: 07-0598CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. | NOTICE FOR MUTUAL VOLUNTARY DISMISSAL WITH PREJUDICE \ eee ee ST | SELECT SPECIALITY HOSPITAL — BROWARD, INC. dismisses with prejudice its Petition challenging the Agency’s denial of CON Application No. 9946 in the above referenced matter, each party agreeing to pay its own attorney’s fees and court costs. ; Respectfully submitted by this 5" day of February: PANZA, MAURER & MAYNARD, P.A. Attorneys for Petitioner SELECT SPECIALTY HOSPITAL — BROWARD, INC. 3600 N. Federal Highway, Third Floor Fort Lauderdale, Florida 33308 : Telephone: (954) 390-0100, Facsimile: (954) 390-7991 Filed February 5, 2009 10:34 AM Division of Administrative Hearings. BY: __/s/ MARK A, EMANUELE MARK A. EMANUELE, ESQ. FBN: 0541834 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been e-filed with the Division of Administrative Hearings and furnished via email or facsimile and U.S. Mail to all counsel of record as listed below this 5" day of February, 2009. Lorraine M. Novak, Esq. Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building II, Mail Stop 3 Tallahassee, FL 32308 (850) 921-0158 F. Philip Blank, Esq. Blank & Meenan, P.A. 204 South Monroe Street Tallahassee, FL 32301 /S/_ Mark A. Emanuele, Esq. Florida Bar No. 0541834 f\client\I326\06-16927\pleadings\notice of voluntary dismissa with prejudice.doc STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL — BROWARD, INC., Petitioner, Vv. Case No. 07-0597CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, a PROMISE HEALTHCARE OF FLORIDA X, INC., Petitioner, v. Case No. 07-0598CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / PROMISE HEALTHCARE OF FLORIDA X, INC.’s NOTICE OF MUTUAL VOLUNTARY DISMISSAL Petitioner, PROMISE HEALTHCARE OF FLORIDA X, INC., hereby voluntarily dismisses its Petition for Formal Administrative Hearing in DOAH Case No. 07-0598CON challenging the Agency’s denial of CON Application No. 9945 in the above referenced matter, each party agreeing to pay its own attorney’s fees and court costs. Dated this 5th day of February, 2009. EXHIBIT . \ Filed February 5, 2009 11:09 AM Division of Administrative Hearings. i . 3 /s/ F. Philip Blank F, PHILIP BLANK Florida Bar No. 0190812 BLANK & MEENAN, P.A. 204 South Monroe Street Tallahassee, Florida 32301 (850) 681-6710 — Telephone (850) 681-1003 — Facsimile Counsel for Promise Healthcare of Florida X, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing have been furnished by Electronic Mail and U.S. Mail to the following addressees, this Sth day of February, 2009: Mark A. Emanuele, Esq. Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, FL 33308 Lorraine M. Novak, Esq. Agency for Health Care Administration Fort Knox Building 3, M.S. 3 2727 Mahan Drive, Suite 3431 Tallahassee, FL 32308 /s/ F. Philip Blank F. Philip Blank STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL — BROWARD, INC., Petitioner, v. Case No. 07-0597CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, ne PROMISE HEALTHCARE OF FLORIDA X, INC., Petitioner, v. Case No, 07-0598CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, ——_—__—_——/ STIPULATION FOR MUTUAL VOLUNTARY DISMISSALS Pursuant to Section 120.57(4), Florida Statutes, Petitioners Select Specialty Hospital — Broward, Inc, and Promise Healthcare of Florida X, Inc. (“Applicants”), and Respondent Agency for Health Care Administration (‘AHCA”), hereby stipulate to the mutual voluntary dismissals by each Applicant of its petition for administrative proceeding challenging the preliminary denials by AHCA of the respective Certification of Need (“CON”) applications of Promise (No. 9945) and Select-Broward (No. 9946), The parties stipulate as follows: im Each Applicant has independently determined that it is not in its own best interest to continue to pursue approval of its previously submitted CON application at this time. 2. Each Applicant will, within five working days of this Stipulation being fully executed by all parties, file with the Division of Administrative Hearings (‘DOAH”) a Notice of Voluntary Dismissal with Prejudice of its petition. The parties agree that this Stipulation may also be filed with DOAH, 3, Each party agrees to bear its own attorneys’ fees and costs incurred to date. 4. There are no other agreements, promises, or representations involved in this Stipulation, and this Stipulation addresses no other existing CONs or facilities, or other pending or future CON applications. 5. Counsel executing this Stipulation on behalf of their respective client hereby represent that they are authorized to execute this Stipulation, and that reliance by the other parties on all representation contained in this Stipulation are reasonable. ZA, wa \ Date F, PHILIP BLANK. Florida Bar No. 0190812 BLANK & MEENAN, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Telephone: (850) 681-6710 Telecopier: (850) 681-1003 Attomey for Petitioner, Promise Healthcare of Florida X, Inc, allog a Date . ' i PANZA, & MAYNARD, P.A. 3600 No ‘al Highway, Third Floor Fort Lauderdale, Florida 33308 Telephone: (954) 390-0100 Telecopier: (954) 390-7991 Attomey for Petitioner, Select Specialty Hospital- Broward, Inc. 2 O4 Dat LORRAINE NOVAK Florida Bar No. 23851 AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Fort Knox Building III, Mail Stop 3 Tallahassee, Florida 32308 Telephone: (850) 922-5873 Telecopier: (850) 921-0158 Attorney for Respondent, Agency for Health Care Administration CAUsers\debby\AppDatalLocaliMicrosom\Windows\Temporary Internet Flies\Content.OutlookK\BN7ZAALG\Stipatation for Mutual Voluntary Distnissal.doc

Docket for Case No: 07-000597CON