STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION N08 FEB 25 > 3 3p THE HOSPICE OF THE FLORIDA SUNCOAST, INC., Petitioner, DOAH Case No. 07-2308CON “ ‘ AHCA Case No. 2007004980 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, oe HCR MANOR CARE SERVICES OF Sev FLORIDA, INC. and ODYSSEY end HEALTHCARE OF MANATEE COUNTY, aq INC., Respondents. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9964, filed by THE HOSPICE OF THE FLORIDA SUNCOAST, INC. (hereinafter "Suncoast") in the Second Batching Cycle of 2006, requesting a CON to establish a hospice program. CON Application No. 9964 was co-batched with other applications, including those of HCR Manor Care Services of Florida, Inc. (hereinafter “Manor Care”), CON Application No. 9961, and Odyssey Healthcare of Manatee County, Inc. (hereinafter “Odyssey”), CON Application No. 9963. The Agency announced a decision to approve Suncoast’s Application CON 9964, and disapprove the other applications. The existing provider, TIDEWELL HOSPICE AND PALLIATIVE CARE, INC., filed a Petition challenging the award to Suncoast, which was assigned DOAH case No. 07-1265CON. Two of the co-batched applicants, Manor Care and Odyssey, also filed Petitions disputing the announced decision. The approved applicant, Suncoast, filed a Petition for a formal hearing and requested consolidation with the other pending cases. That motion was granted. Subsequently both Manor Care and Odyssey dismissed their Petitions challenging the award. On January 22, 2008, Suncoast filed a voluntary dismissal of its Petition in DOAH Case No. 07-2308CON, stating that since it is the only remaining applicant, it is dismissing its petition as moot. On January 23, 2008, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Suncoast and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. However, since Case No. 07-1265CON is still pending, the preliminary award to Suncoast is still pending. 3. The above-styled case is hereby closed. DONE and ORDERED this 22 day of Febrvare , 2008, in Tallahassee, Florida. ereree “AGWUNOBI, M.D., 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: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert D. Newell, Jr., Esquire Newell, Terry & Douglas P.A. 817 North Gadsden Street Tallahassee, Florida 32303 Attorney for TideWell Hospice and Palliative Care, Inc. Paul H. Amundsen, Esquire Julia E. Smith, Esquire Susan L. St. John Amundsen & Smith, P.A. Post Office Drawer 1759 Tallahassee, Florida 32302 Attorneys for The Hospice of Florida Suncoast, Inc. Sandra E. Allen, Esquire Assistant General! Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 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)

Docket for Case No: 07-002308CON