FILED STATE OF FLORIDA AHCA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK KINDRED HOSPITALS EAST, LLC, Petitioner, MOMAR TT A SUD: Vv. DOAH CASE NO. 07-0599CON AHCA CASE NO. 2007000895 CON NO. 9941 _ et STATE OF FLORIDA, AGENCY FOR eo Bo es, HEALTH CARE ADMINISTRATION, age 2 ft Bae wort a4 = os Respondent. Bee yp» Co / vB 3S “ xg PROMISE HEALTHCARE OF FLORIDA IX, INC., Petitioner, DOAH CASE NO. 07-0600CON AHCA CASE NO. 2007000888 V. CON NO. 9940 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. SELECT SPECIALTY HOSPITAL- ST. LUCIE, INC. Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. DOAH Case No. 07-0601CON AHCA CASE NO. 2007000733 CON No. 9942 FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9941, which was filed by KINDRED HOSPITAL EAST, LLC (hereinafter "Kindred”); CON Application No. 9940, which was filed by PROMISE HEALTHCARE OF FLORIDA IX, INC. (hereinafter “Promise”); and CON Application No. 9942, which was filed by SELECT SPECIALTY HOSPITAL ~ ST. LUCIE, INC. (hereinafter “Select ~ St. Lucie) in the Second Batching Cycle of 2006, requesting a CON to establish a long-term care hospital. The Agency denied the applications. The Petitions above are related to the Agency’s denial of CON Application Nos. 9940, 9941, and 9942. On January 16, 2007, Select - St. Lucie timely filed a Petition for Formal Administrative Hearing and on January 19, 2007, 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 January 19, 2007, Kindred timely filed a Petition for Formal Administrative Proceedings and Petition for Leave to Intervene which was | granted on February 2, 2007 by the ALJ. On February 9, 2007, the cases were consolidated. On February 5, 2009, Kindred filed a Notice of Voluntary Dismissal. with Prejudice. The Notice of Voluntary Dismissal with Prejudice is attached as Exhibit A. On February 5, 2009, the Agency, Kindred, Promise, and Select - St. Lucie entered into a Stipulation for Mutual Voluntary Dismissals. The Stipulation for Mutual Voluntary Dismissals is attached as Exhibit B. On February 9, 2009, Select - St. Lucie filed a Notice of Voluntary Dismissal with Prejudice. The Notice of Voluntary Dismissal with Prejudice is attached as Exhibit C. On February 11, 2009, Promise filed a Notice of Voluntary Dismissal. The Notice of Voluntary Dismissal is attached as Exhibit D. On February 11, 2009, the Administrative Law Judge assigned to the cases issued an Order Closing Files based on the voluntary dismissals. The Order Closing Files is attached as Exhibit E. 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 9940, 9941, and 9942 is upheld. 3. The above-styled cases are hereby closed. DONE and ORDERED this /0”. day of — “Bred 2009, in Tallahassee, Florida. folk 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 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 M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 Attorney for Kindred Hospitals East, LLC F. Philip Blank, Esquire Blank and Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Attorney for Promise Healthcare of Florida IX, Inc. Mark A. Emanuele, Esquire Panza, Maurer & Maynard, P.A. 3600 North Federal Highway, Floor 3 Fort Lauderdale, Florida 33308 Attorney for Select Specialty Hospital - St. Lucie, 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 KINDRED HOSPITALS EAST, LLC, Petitioner, vy. CASE No. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. PROMISE HEALTHCARE OF FLORIDA IX, INC., Petitioner, v. Case No. , CON No. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. OERTEL, FERNANDEZ, COLE & BRYANT, P.A., P.O. BOX 1110, TALLAHASSEE, FLORIDA 32302-1110 07-0599CON 9941 07-0600CON 9940 EXHIBIT A SELECT SPECIALTY HOSPITAL- ST. LUCIE, INC, Petitioner, v. Case No. 07-0601CON CON No. 9942 AGENCY FOR HEALTH , CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. / KINDRED HOSPITALS EAST, LLC.’S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Pursuant to Section 120.57(4), Fla. Stat., and in express reliance on the attached Stipulation for Mutual Voluntary Dismissals, Kindred Hospitals East, LLC, Petitioner in Case No. 07-0599CON hereby voluntarily dismisses with prejudice its Petition for Formal Administrative Proceedings and Petition for Leave to Intervene, filed January 19, 2007, challenging the preliminary denial of its CON Application Number 9941; and supporting the preliminary denial of CON Applications Number 9940 of Promise Healthcare of Florida IX, Inc., and 9942 of Select Specialty Hospital-St. Lucie, Inc. This dismissal is in express reliance on the commitments of Promise Healthcare of Florida IX, Inc., and Select Specialty Hospital-St. Lucie Inc., in the attached Stipulation to promptly file Notices of Voluntary Dismissal with Prejudice of their respective Petitions in these consolidated proceedings. 2 OERTEL, FERNANDEZ, COLE & BRYANT, P.A., P.O. BOX 1110, TALLAHASSEE, FLORIDA 32302-1110 FILED AND SERVED this 0 day of February, 2009. M. CHRISTOPHER BRYANT Florida Bar No. 434450 OERTEL, FERNANDEZ, COLE & BRYANT, P.A. P.O. Box 1110 Tallahassee, Florida 32302-1110 Telephone: (850) 521-0700 Telecopier: (850) 521-0720 ; Attorney for Petitioner, Kindred Hospitals East, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed via. Hand Delivery with the Clerk, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and copies furnished via U.S. Mail and Facsimile upon F. Philip Blank, Attorney at Law, Blank & Meenan, P.A., 204 South Monroe Street, Tallahassee, Florida 32301; Mark A. Emanuele, Attorney at Law, Panza, Maurer & Maynard, P.A., Bank of America Building, 3‘ Floor, 3600 North Federal Highway, Fort Lauderdale, Florida 33308; and Lorraine Novak, Senior Attomey, Agency for Health Care Administration, 2727 Mahan Drive, Fort Knox Building III, Mail Stop 3, Tallahassee, Florida M. CHRISTOPHER ANT | F:\MCB\Kindred-2805\pleadings\2805-23\Pleadings\Notice of Voluntary Dismissal.doc oth 32308, this day of February, 2009. 3 OERTEL, FERNANDEZ, COLE & BRYANT, P.A., P.O. BOX 1110, TALLAHASSEE, FLORIDA 32302-1110 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KINDRED HOSPITALS EAST, LLC, Petitioner, v. CASE No. CON No. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. PROMISE HEALTHCARE OF FLORIDA IX, INC., Petitioner, v. Case No. CON No. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. 07-0599CON 9941 07-0600CON 9940 j g EXHIBIT aD SELECT SPECIALTY HOSPITAL- ST. LUCIE, INC, Petitioner, Y. Case No. 07-0601CON CON No. 9942 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. / STIPULATION FOR MUTUAL VOLUNTARY DISMISSALS Pursuant to Section 120.57(4), Fla. Stat., Petitioners Kindred Hospitals East, LLC, Promise Healthcare of Florida IX, Inc., and Select Specialty Hospital-St. Lucie, Inc. (“Applicants”), and Respondent Agency for Health Care Administration, 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. 9940), Kindred (No. 9941), and Select-St. Lucie (No. 9942). The parties stipulate as follows: 1. 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. 2. Each party agrees to bear its own attorneys’ fees and costs incurred to date. 3. 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. 4. 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. Date M. HC buettellln I Florida Bar No. 434450 OERTEL, FERNANDEZ, COLE & BRYANT, P.A. P. O. Box 1110 Tallahassee, Florida 32302-1110 Telephone: (850) 521-0700 Telecopier: (850) 521-0720 Attorney for Petitioner, Kindred Hospitals East, LLC 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 Ix, Inc. 3, 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. 4, 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, Date M, CHRISTOPHER BRYANT Florida Bar No. 434450 OERTEL, FERNANDEZ, COLE & BRYANT, P.A. P. O. Box 1110 Tallahassee, Florida 32302-1110 Telephone: (850) 521-0700 Telecopier: (850) 521-0720 Attorney for Petitioner, Kindred Hospitals East, LLC XN 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 , Attorney for Petitioner, Promise Healthcare of Florida IX, Inc, 02/05/2009 12:02 FAX . ” sag LO. Date Date 0005/0005 A. Florida fo. 0541834 PANZA, MAURER & MAYNARD, P.A. 3600 North Federal Highway, Third Floor Fort Lauderdale, Florida 33308 Telephone: (954) 390-0100 Telecopier: (954) 390-7991 Attomey for Petitioner, Select Specialty Hospital- St. Lucie, Inc. 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 C:\Users\debby\Ap pData\LocallMicrosoft\Windows\Temporay Internet Files\Content.Qutlook\SN7ZAALG\Stipulation for Mutual Voluntary Dismissal.doc Date filer MARK A. EMANEULE Florida Bar No. 0541834 PANZA, MAURER & MAYNARD, P.A. 3600 North Federal Highway, Third Floor Fort Lauderdale, Florida 33308 Telephone: (954) 390-0100 Telecopier: (954) 390-7991 Attomey for Petitioner, Select Specialty Hospital- St. Lucie, Inc. E 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 FAMCB\Kindred-2805\pleadings\2805-23\Pleadings\Stipulation for Mutual Voluntary Dismissal.doo STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KINDRED HOSPITAL EAST, LLC, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondents. PROMISE HEALTH CARE OF FLORIDA IX, INC., Petitioner, VS. AGENCY FOR HEALTH CARE ADMINSTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC., Intervenor. SELECT SPECIALTY HOSPITAL-ST. LUCIE, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC., Intervenor, Case No. 07-0599CON Case No. 07-0600CON Case No. 07-0601CON Filed February 9, 2009 3:03 PM Division of Administrative Hearings. EXHIBIT SELECT SPECIALTY HOSPITAL -— ST. LUCIE, INC.’S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Pursuant to Section 120.57(4), Fla. Stat, and in express reliance on the attached Stipulation for Mutual Voluntary Dismissals, Select Specialty Hospital — St. Lucie, Inc., Petitioner in Case No. 07-0601 CON hereby voluntary dismisses with prejudice its Petition for Formal Administrative Proceedings, filed February 2, 2007, challenging the preliminary denial of its CON Application Number 9942; and supporting the preliminary denial of CON Applications Number 9940 of Promise Healthcare of Florida IX, Inc., and 9941 of Kindred Hospital East, LLC. This dismissal is in express reliance on the commitments of Promise Healthcare of Florida IX, Inc., and Kindred Hospital East, LLC in the attached Stipulation to promptly file Notices of Voluntary Dismissal with Prejudice of their respective Petitions in these consolidated proceedings. FILED AND SERVED this 9" day of February, 2009. By: MARK A. EMANUELE, ESQ. MARK A. EMANUELE Florida Bar No. 0541834 PANZA, MAURER & MAYNARD, P.A. 3600 North Federal Highway, Third Floor Telephone: (954) 390-0100 Telecopier: (954) 390-7991 Attorney for Petitioner, Select Specialty Hospital- St. Lucie, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been e-filed with the Hon. Charles A. Stampelos, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060 and a true and correct.copy has been furnished via facsimile and First Class Mail on this 9" day of February, 2000 to the following Lorraine M, Novak, Esq. Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building ITI, Mail Stop 3 Tallahassee, FL 32308 (850) 921-0158 M. Christopher Bryant, Esq. Oertel, Fernandez, Cole & Bryant, PA. 301 So. Bronough St., Fifth Floor Post Office Box 1110 Tallahassee, FL 32302-1110 (850) 521-0720 F, Philip Blank, Esq. Blank & Meenan, P.A. 204 South Monroe Street Tallahassee, FL 32301 (850) 681-1003 F\client\1 326\06-§ 6926\pleadings\2-9-09 notice of voluntary dismissa.doc BY: /s/ MARK A. EMANUELE 1S) MAIN, A. DAVIN MARK A. EMANUELE, ESQ. STATE OF FLORIDA ; DIVISION OF ADMINISTRATIVE HEARINGS KINDRED HOSPITALS EAST, LLC, Petitioner, v. Case No. 07-0599CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / PROMISE HEALTHCARE OF FLORIDA { IX, INC., Petitioner, v. Case No. 07-0600CON AGENCY FOR HEALTH CARE ADMINISTRATION, . Respondent, and KINDRED HOSPITALS EAST, LLC., Intervenor. / SELECT SPECIALTY HOSPITAL — ST. LUCIE, INC., Petitioner, v. : Case No. 07-0601CON AGENCY FOR HEALTH CARE ; ADMINISTRATION, ° Respondent, and KINDRED HOSPITALS EAST, LLC., Intervenor. / EXHIBIT ib Filed February 11, 2009 9:47 AM Division of Administrative Hearings. PROMISE HEALTHCARE OF FLORIDA IX, INC.’s NOTICE OF VOLUNTARY DISMISSAL Petitioner, PROMISE HEALTHCARE OF FLORIDA IX, INC., hereby voluntarily dismisses its Petition for Formal Administrative Hearing in DOAH Case No. 07-0600CON challenging the Agency’s denial of CON Application No. 9940 in the above referenced matter, Dated this 11th day of February, 2009. 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 IX, Inc. CERTIFICATE OF SERVICE J 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 11th day of December, 2008: M. Christopher Bryant, Esq. Oertel, Fernandez, Cole & Bryant, P.A. 301 S. Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, FL 32302-1110 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 AY F. Philip Blank STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KINDRED HOSPITALS EAST, LLC, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, PROMISE HEALTH CARE OF FLORIDA IX, INC., Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST,LLC., Intervenor, OT OR Case No. Case No. 07-0599CON 07-0600CON EXHIBIT Pe SELECT SPECIALTY HOSPITAL-ST. LUCIE, INC., Petitioner, Case No. 07-0601CON vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC., Intervenor. ee ORDER CLOSING FILES This cause having come before the undersigned on the notices of voluntary dismissal filed by the parties, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for July 14 through 17, 20 through 24 and 27 through 29, 2009, is cancelled. 2. The files of the Division of Administrative Hearings in the above-captioned matter are closed and jurisdiction is relinquished to the agency for further proceedings. DONE AND ORDERED this 11th day of February, 2009, in Tallahassee, Leon County, Florida. 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 (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of February, 2009. COPIES FURNISHED: M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant, P.A. 301 South Bronough Street, Fifth Floor Post Office Box 1110 Tallahassee, Florida 32302-1110 F. Philip Blank, Esquire Blank & Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Mark A. Emanuele, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Lorraine M. Novak, Esquire Agency for Health Care Administration Fort Knox Building III, Mail Stop 3 2727 Mahan Drive, Suite 3431 Tallahassee, Florida 32308

Docket for Case No: 07-000599CON