STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ST. VINCENT'S MEDICAL CENTER, INC.,

20!0 DEC -8 A 8: 37

vs.

Petitioner,

DOAH CASE NO.: 10-0390CON AHCA CASE NO.: 2010000533 CON NO.: 10059

RENDITION NO.: AHCA-10- /.,3,l{J -5-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION AND WEST JACKSONVILLE MEDICAL CENTER, INC.

Respondent.

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FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the Certificate of Need ("CON") 10059 Application which was filed by West Jacksonville Medical Center, Inc. (hereinafter West Jacksonville) to establish an 85-bed acute care hospital in the Second Batching Cycle of 2009. The Agency preliminarily approved West Jacksonville's application.

On January 26, 2010, St. Vincent filed a Petition for Formal Administrative Hearing challenging the Agency's approval, which was forwarded to the Division of Administrative Hearings ("DOAH"), by the Agency and assigned to an Administrative Law Judge.

The parties have entered into a Settlement Agreement (Exhibit 2) which is

attached hereto, and has been approved by the Antitrust Unit of the Office of the Attorney General, and being otherwise well advised in the premises:

St. Vincent's Medical Center, Inc. v. AHCA

(DOAH No.: 10-0390CON; AHCA No.: 2010000533; CON# 10059)

Page 1 of 3

Filed December 8, 2010 9:20 AM Division of Administrative Hearings

It is ORDERED AND ADJUDGED:

1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the

Settlement Agreement.

2. CON No. 10059 is approved per the Settlement Agreement.

DONE and ORDERED this / day of                                      

, 2010, in

o

Tallahassee, Florida.

Elizabeth D ek, Interim Sec ary Agency for H alth 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

             day of     2010.

RICHARD J. SHOOP, Clerk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

C. A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

R. David Prescott, Esquire Stephen A. Ecenia, Esquire Richard M. Ellis, Esquire Rutledge, Ecenia, & Purnell, P.A. Post Office Box 551

Tallahassee, Florida 32302-0551 Attorneys for West Jacksonville Medical Center, Inc.

Stephen C. Emmanuel, Esquire

C. Gary Williams, Esquire Ausley & McMullen, P.A. 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302

Attorneys for St. Vincent's Medical Center, Inc.

Lorraine M. Novak, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Janice Mills Government Analyst 11 Facilities Intake

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 10-000390CON

Orders for Case No: 10-000390CON