STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION GOOD SHEPHERD HOSPICE, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. HOPE HOSPICE AND COMMUNITY SERVICES, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and COMPASSIONATE CARE HOSPICE OF MIAMI-DADE, INC., Respondent. ODYSSEY HEALTH CARE OF COLLIER COUNTY, INC., Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Respondent. mga us 12 A STH DOAH CASE NO. 09-1753CON AHCA CASE NO. 2009003916..." CON NOS. 10036-10038 ..- ce DOAH CASE NO. 09-1754CON AHCA CASE NO. 2009004034 CON NOS. 10036-10038 DOAH CASE NO. 09-1755CON AHCA CASE NO. 2009003644 CON NO. 10038 FINAL ORDER BGI Application No. 10038 which was filed by ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. (hereinafter "Odyssey”) in the Second Batching Cycle of 2008, requesting a CON to establish a hospice program. The application was denied. Thereafter, Odyssey timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (*DOAH”). On July 24, 2009, Odyssey filed its voluntary dismissal of the DOAH case. Notice of Voluntary Dismissal is attached hereto as Exhibit A. On July 28, 2009, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. Order Closing File is attached hereto as Exhibit B. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Odyssey and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No, 10038 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this (day of boys? 2009, in Tallahassee, Florida. HOLLY Y 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 SEE day of F2egas ; 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: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Geoff D. Smith, Esquire Susan C. Smith, Esquire Timothy B. Elliott, Esquire Smith & Associates, P.A. 2873 Remington Green Circle Tallahassee, Florida 32308 Attorneys for Compassionate Care Hospice of Miami-Dade, Inc. W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P.A. Post Office Box 15828 Tallahassee, Florida .32317-5828 Attorneys for Hope Hospice and Community Services J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312 Attorney for Hope Hospice and Community Services Mark A. Emanuele, Esquire Deborah S. Platz, Esquire Ross D. Kulberg, 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. Seann M. Frazier, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32302 Attorney for Good Shepherd Hospice, Inc. H. Darrell White, Esquire Vice President/General Counsel HPC Healthcare, Inc. 12973 Telecom Parkway, Suite 100 Temple Terrace, Florida 33637 Attorney for Good Shepherd Hospice, Inc. Richard Joseph Saliba, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #9 Tallahassee, Florida 32308 (By Interoffice Mail) Janice Mills Government Analyst II Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail) STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GOOD SHEPHERD HOSPICE, INC., Petitioner, vs. Case No. 09-1753CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. HOPE HOSPICE AND COMMUNITY SERVICES, INC., Petitioner, Case No. 09-1754CON vs. AGENCY FOR HEALTH CARE ADMINISTRATION and COMPASSIONATE CARE HOSPICE OF MIAMI-DADE, INC., Respondents. ODYSSEY HEALTH CARE OF COLLIER COUNTY, INC., Petitioner, Case No. 09-1755CON vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. TTT fT eae NOTICE OF VOLUNTARY DISMISSAL COMES NOW, Petitioner, Odyssey Healthcare of Collier County, Inc., by and through undersigned counsel, and hereby gives notice of the voluntary dismissal, with prejudice, of its Petition For Formal Administrative Hearing in the above-captioned case, and dismissal of its CON Application Number 10038. EXHIBIT Filed July 24, 2009 11:54 AM Division of Administrative Hearings. tabbies’ 4 Respectfully submitted this af Nay of July, 2009. , 3 Mary’ A. Emanuele Flofida ae 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing have been furnished by email to the following this 23rd day of July, 2009. ; Richard Saliba Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 Mark Emanuele Deborah S. Platz Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Ft. Lauderdale, Florida 33308 W. David Watkins Watkins & Associates, P.A. 3051 Highland Oaks Terrace, Ste. D Tallahassee, FL 32308 Seann Frazier Greenberg Traurig, P.A. 101 East College Avenue “ao Tallahassee, Florida 32301 Lf Ci AE fv

Docket for Case No: 09-001754CON

Orders for Case No: 09-001754CON