STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a SHANDS REHAB HOSPITAL,

FILED

A.HCA

AGENCY CLERK

2010 HAY - 7 A 8: 2 a

vs.

Petitioner,

DOAH CASE N0.:09-3966CON AHCA CASE NO.: 2009008293 CON NO. 10048

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

and HEALTHSOUTH REHABILITATION HOSPITAL OF OCALA, LLC,

Respondents. /

LEESBURG REGIONAL MEDICAL CENTER, INC.,

vs.

Petitioner,

DOAH CASE NO. 09-3967CON AHCA CASE NO.: 2009008291 CON NO. 10048

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

and HEALTHSOUTH REHABILITATION HOSPITAL OF OCALA, LLC,

Respondents.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10048, which was filed by SHANDS TEACH HOSPITAL AND CLINICS, INC. d/b/a SHANDS REHAB HOSPITAL (hereinafter "Shands"), LEESBURG REGIONAL MEDICAL CENTER, INC. (hereinafter "Leesburg") and

Filed May 7, 2010 2:01 PM Division of Administrative Hearings.

HEALTHSOUTH REHABILITAITON HOSPITAL OF OCALA, LLC ("hereinafter

"HealthSouth" in the First Batching Cycle of 2009 request a CON to establish a comprehensive medical rehabilitation hospital. The Agency preliminarily approved HealthSouth Rehabilitation Hospital of Ocala, LLC application for CON 10048, thus denying the applications of Shands and Leesburg Cycle of 2009.

Thereafter, Shands and Leesburg timely filed Petitions for Formal Administrative Hearing with respect to the preliminary approval of HEALTHSOUTH'S application, which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH").

On March 16, 2010, HealthSouth filed a Notice of Voluntary Dismissal withdrawing its CON application. The Notice of Voluntary Dismissal is attached hereto as Exhibit A.

On March 17, 2010, DOAH issued an Order Closing Files as a result of the voluntary dismissal.

It is therefore ORDERED and ADJUDGED:

1. The voluntary dismissal by HealthSouth and the withdrawal of its CON application are hereby acknowledged and accepted.

2. The above-styled cases are hereby closed.

DONE and ORDERED this ay of _ in Tallahassee, Florida.

,Q ,,Y ---' 2010,

THOMAS W. ARNOLD, 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 '7:1$-- day of 2, :2_ -.!-.:: ;::::--===::::

RICHARD J. SHOOP, Ag.....-T.--."--" lerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-36.3«:?

COPIES FURNISHED TO:

Charles A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Mark A. Emanuele, Esquire Deborah S. Platz, Esquire Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308-6225

Counsel for HealthSouth Rehabilitation Hospital of Ocala, LLC

Paul H. Amundsen, Esquire Susan L. St. John, Esquire Julia E. Smith, Esquire Amundsen & Smith, P.A.

502 East Park Avenue Post Office Drawer 1759

Tallahassee, Florida 32302

Counsel for Leesburg Regional Medical Center

F. Philip Blank, Esquire Blank & Meenan, P.A. 204 South Monroe Street

Tallahassee, Florida 32301

Counsel for Shands Teaching Hospital and Clinics, Inc. d/b/a Shands Rehab Hospital

Richard Joseph Saliba, 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)

Docket for Case No: 09-003966CON

Orders for Case No: 09-003966CON