STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION * We FES -2 A HCR MANOR CARE SERVICES 2 FE: OF FLORIDA, INC. Petitioner, DOAH Case No. 07-1653CON vs. STATE OF FLORIDA, AGENCY FOR HEALTH VITAS H FLORIDA Res FRAES No. 2007003712 CON No. 9966 ARE ADMINISTRATION and ALTHCARE CORPORATION OF f pondents. | FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the “Agency") concerning Certificate of Need ("CON") Application No. 9966, which was filed by HCR MANOR CARE SERVICES OF FLORIDA, INC. (hereinafter "HCR”) in the Second Batching Cycle of 2006, requesting a CON to establish a hospice program. The application was denied. Ther Hearing w to the Divi eafter, HCR timely filed a Petition for Formal Administrative th respect to the denial, which was forwarded by the Agency Clerk sion of Administrative Hearings (“DOAH”). On May 31, 2007, HCR filed its voluntary dismissal of the DOAH case. On May 31, 2007, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is 1. DOAH are 2. 3. therefore ORDERED and ADJUDGED: The voluntary dismissal by HCR and the Order Closing File by hereby acknowledged and accepted. CON Application No. 9966 is hereby denied. The above-styled case is hereby closed. DONE and ORDERED this _@ day of Feborvary , 2008, in Tallahassee, Florida. A PARTY ENTITLE FILING T ANDREW C. AGWUNOBI, M.D., Secretary. AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY E ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA) AND A COPY ALONG WITH THE FILING FEE PRESCRIBED BY LAW DISTRIC ITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE 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 Gay of _Feparcrss, 2008 a al ; + ag 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 Aah Law Judge Division of Administrative Hearings The reels Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mark A. Emanuele, Esquire Amy S. Towle, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys/for Odyssey Healthcare of Collier County, Inc. Robert D.|Newell, Jr., Esquire Newell, Terry & Douglas P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Attorney for Hospice of Naples, Inc. Karl D. Acuff, Esquire Watkins & Associates, P. A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Attorneys |for Hope Hospice and Community Services, Inc. WwW, DAC, Ea Esquire J. Robert ae Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahasse@e, Florida 32312-1762 Attorney for Hope Hospice and Community Services, Inc. R. David Rrescott, Esquire Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. Post Office Box 551 Tallahassee, Florida 32302-0551 Attorneys /for HCR Manor Care Services of Florida, Inc. Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith and Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Attorneys for VITAS Healthcare Corporation of Florida Karin M. Byrne, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahon Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 07-001653CON