F ILED STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENEY CLerx WN FEB-b A E2)s MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT NORTH BAY HOSPITAL, Petitioner, DOAH CASE NO. 08-3816CON AHCA CASE NO. 2008009061 vs. : CON NO. 10014 : RENDITION NO.: AHCA-09- ©9571 -S-CON STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK TAMPA, INC Respondents. __/ MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON | PLANT NORTH BAY HOSPITAL, 3 : Petitioner, DOAH CASE NO. 08+3817CON ACHA CASE NO. 2008009664 vs. CON NO. 10012 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK TAMPA, INC., Respondents. / MORTON PLANT HOSPITAL | ASSOCIATION, INC. d/b/a MORTON PLANT NORTH BAY HOSPITAL, Petitioner, DOAH CASE NO. 08-3818CON AHCA CASE NO. 2008009063 vs. CON NO. 10011 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK TAMPA, INC., Respondents. / TEN BROECK TAMPA, INC., Petitioner, DOAH CASE NO. 08-3919CON AHCA CASE NO. 2008009431 vs. CON NO. 10010 MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT NORTH BAY HOSPITAL, Respondents. / TEN BROECK TAMPA, INC., Petitioner, DOAH CASE NO. 08-3920CON AHCA CASE NO. 2008009433 vs. CON NO. 10013 MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT NORTH BAY HOSPITAL, pel at Respondents. / FINAL ORDER ct b- gl py THE STATE OF FLORIDA, AGENCY FOR’ HEALTH CARE ADMINISTRATION (hereinafter the “Agency”), having reviewed all matters of record and all pleadings filed in the above cases; and having entered into a Settlement Agreement with one of the two parties in the above five consolidated cases; MORTON PLANT HOSPITAL ASSOCIATION, INC. d/b/a MORTON PLANT NORTH BAY HOSPITAL (hereinafter “Morton Plant”), DOAH Case No. 08-3818, CON Application No. 10011; DOAH Case No. 08-3817, CON Application No. 10012; and DOAH Case No. 08-3816, CON Application No. 10014; which Agreement is attached hereto as Exhibit A; and TEN BROECK TAMPA, INC. (hereinafter “Ten Broeck”), DOAH Case No. 08-3919 CON Application No. 10010 and DOAH Case No. 08-3920; CON Application Nos. 10013; and being otherwise well advised in the premises: On or about March 12, 2008, Morton Plant timely filed CON Application No. 10011, seeking to establish an adult psychiatric hospital with 40 beds; CON Application No. 10014, seeking to establish an adult substance abuse hospital with 20 beds; and CON Application No. 10012, seeking to establish a child/adolescent psychiatric hospital with 10 beds in the First Batching Cycle of 2008. The applications were denied. On or about March 12, 2008, Ten Broeck Tampa, Inc. timely filed CON Application No. 10010, seeking to establish an adult psychiatric hospital with 35 beds; and CON Application No. 10013, seeking to establish an adult substance abuse hospital with 5 beds, in the First Batching Cycle of 2008. The applications were approved. Thereafter, Morton Plant timely filed a Petition for Formal Administrative Hearing challenging the denial of its CON applications, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (*DOAH”). On August 19, 2008, an Order of Consolidation was entered consolidating Morton Plant DOAH Case Nos. 08-3816CON, 08- 3817CON, DOAH Case No. 08-3818CON with Ten Broeck DOAH Case No. 08-3919CON and DOAH Case No. 08-3920CON. Prior to Final Hearing, the Agency entered into a Settlement Agreement with Morton Plant wherein the Agency recognizes that Morton Plant’s CON Application No. 10012 satisfies the statutory criteria for issuance of a CON and that Morton Plant’s proposal would increase access and availability of child/adolescent inpatient psychiatric services for Pasco County residents. On December 9, 2008, the Agency and Morton Plant filed a Joint Motion to Relinquish Jurisdiction as to CON Application No. 10012. On December 9, 2008, Morton Plant’s Voluntary Dismissal of DOAH Case Nos. 08-3816 and 08-3818, withdrawing its CON Application Nos. 10011 and 10014 respectively was filed with DOAH. On December 10, 2008, the Agency and Ten Broeck filed a Joint Motion to Relinquish Jurisdiction in regards to Ten Broeck’s CON Application Nos. 10010 and 10013. On December 10, 2008, the Administrative Law Judge entered an Order Closing Files, closing DOAH Case Nos 08-3816CON, 08-3817, 08- 3818CON, 08-3919 and 38-3920 and relinquishing jurisdiction with regard to DOAH Case Nos. 08-3919 and 08-3920 to the Agency. It is ORDERED that: 1. The Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Settlement Agreement. 2. The Agency hereby approves Morton Plant’s CON Application No.10012 to establish a child/adolescent psychiatric hospital with 10 beds. 3. Morton Plant’s Voluntary Dismissal of DOAH Case No. 08-3816 and 08-3818 are hereby acknowledge and accepted and the CON Application Nos. 10011 and 10014 are hereby denied. 4. The Agency hereby approves Ten Broeck’s CON Application Nos. 10010 and 10013 to establish an adult psychiatric hospital with 35 beds and an adult substance abuse hospital with 5 beds respectively. 5. The above-styled cases are hereby closed { - DONE and ORDERED this 7 day of bibs , 2009, in Tallahassee, Leon County, 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 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, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Robert A. Weiss, Esquire Karen A. Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street, Suite 200 Tallahassee, Florida 32301-1508 Attorneys for Morton Plant Hospital Association d/b/a Morton Plant North Bay Hospital R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Attorney for Ten Broeck Tampa, Inc. Elizabeth Dudek Deputy Secretary Managed Care and Health Quality Assurance Agency for Health Care Administration 2727 Mahan Drive, Building #3, MS: #9 Tallahassee, Florida 32308 . (Interoffice Mail) Lorraine M. Novak 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) CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Final Order was served on the above-named person(s) and entities by U.S. Mai! or the method designated on this Oday of —_Faieary _, 2009. Perna —— RICHARD J. SHOOP, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION MORTON PLANT HOSPITAL ASSOCIATION, INC., d/b/a MORTON PLANT NORTH BAY HOSPITAL, DOAH CASE NO. 08-3817 Petitioner, AHCA File No. 2008009064 CON Application No.: 10012 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Respondent. / SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into this 4th day of December 2008, by and between Morton Plant Hospital Association, Inc., d/b/a Morton Plant North Bay Hospital (“Morton Plant”) and the State of Florida, Agency for Health Care Administration ("AHCA" or the “Agency”). WHEREAS, the Agency has jurisdiction by virtue of being the regulatory authority responsible for the issuance of Certificates of Need (“CONs”) and the licensing and operation of health care facilities; and WHEREAS, on or about March 12, 2008, Morton Plant filed CON Application No. 10012 in the First Hospital Beds and Facilities CON Batching Cycle of 2008, seeking to establish an inpatient psychiatric facility with 10 child/adolescent psychiatric beds in Pasco County, Florida, State Health Services Planning District 5, Subdistrict 2; and WHEREAS, by notice published in the Florida Administrative Weekly, Volume 34, No. 26, dated June 27, 2008, Morton Plant was advised of the Agency's preliminary intent to deny CON Application No. 10012; and WHEREAS, on July 18, 2008 Morton Plant timely filed a petition for formal administrative hearing to challenge the Agency's preliminary decision; and WHEREAS, Morton Plant's petition was transferred to the State of Florida, Division of Administrative Hearings and assigned Case No. 08-3817; and WHEREAS, Morton Plant and the Agency wish to resolve their differences in an amicable manner, and in a manner which is intended to foster, facilitate, and further the goals and objectives of the Florida Certificate of Need Law set forth in Sections 408.035 - 408.045, Florida Statutes; and WHEREAS, the Agency recognizes that Morton Plant's CON Application No. 10012 satisfies, on balance, the statutory criteria for issuance of a CON; and WHEREAS, on August 1, 2008, the Agency published a Notice of Litigation in the Florida Administrative Weekly, Vol. 34, No. 31, advising any and all potentially affected parties of Morton Plant's challenge to the Agency’s preliminary decision; and WHEREAS, no party has filed any petition or otherwise sought to intervene in this matter within 30 days of publication of the Notice of Litigation; and WHEREAS, the Agency, in its preliminary decision as set forth in the State Agency Action Report for CON Application No. 10012, found that Morton Plant's proposal would increase access and availability of child/adolescent inpatient psychiatric services for Pasco County residents; WHEREAS, the parties stipulate and agree that this Settlement Agreement does in fact foster, facilitate, and further the goals and objectives of the Florida Certificate of Need Law; NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each party individually agrees to be mutually bound as follows: 1. RELINQUISHMENT OF JURISDICTION TO THE AGENCY Morton Plant and the Agency agree to immediately file a Joint Motion to Relinquish Jurisdiction in DOAH Case No. 08-3817 for the purpose of enabling the Agency to enter a Final Order approving CON Application No. 10012 with the conditions described in Schedule C to the CON application. 2. APPROVAL OF CERTIFICATE OF NEED NO. 10012 Morton Plant and the Agency agree that CON Application No. 10012 satisfies, on balance, all relevant CON review criteria governing the issuance of certificates of need in Florida. The Agency agrees that, as soon as practicable following relinquishment of jurisdiction of the above-styled proceeding from the Division of Administrative Hearings to the Agency, the Agency will enter its Final Order approving CON Application No. 10012, with the following conditions, which shall be reflected on the face of the certificate of need: ¢ Morton Plant North Bay Psychiatric Facility shall provide 60.8% of child / adolescent inpatient psychiatric days to Medicaid/Medicaid HMO/Charity/Indigent patients. e Morton Plant North Bay Psychiatric Facility will provide gender-specific treatment for progressive psychiatric disorders, co-occurring substance abuse and mental health, acute crisis stabilization, eating disorder treatment, and trauma specific clinical ww services. e Morton Plant shall provide outpatient services on site, including but not limited to: mental health intensive outpatient (IOP); substance abuse IOP; eating disorders services; in-home followup services; suicide prevention and education for kids and their families; dialectical behavioral therapy; case management follow-up services; substance abuse prevention; and parenting. 3. AUTHORIZATION OF AGREEMENT The parties each hereby represent and warrant that their undersigned representative is authorized to execute this Settlement Agreement on behalf of the party, and to bind the party to the terms and conditions herein. 4. BINDING ON SUCCESSORS The terms, conditions, covenants, provisions, promises, and agreements contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their successors. Any attempted assignment of this Settlement Agreement shall be void. 5. MODIFICATIONS AND CHANGES This Settlement Agreement may not be changed or modified except by written agreement executed by both parties hereto. 6. ENTIRE AGREEMENT This Settlement Agreement contains the entire agreement between the parties hereto, and no representations or agreements, oral or otherwise, between the parties not embodied herein or attached hereto shall be of any force or effect.

Docket for Case No: 08-003817CON