FILED

AHCA

STATE OF FLORIDA AGENCY CLERK

DIVISION OF ADMINISTRATIVE HEARINGS ZOii HAR 28 A q: l.Jl.f

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

SHANDS REHAB HOSPITAL,

vs.

Petitioner,

DOAH CASE NO.: 11-0430CON ACHA CASE NO.: 2011000690 CON NOS. 10097 & 10098

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION AND HEALTHSOUTH REHABILITATION OF MARION COUNTY, LLC,

Respondents. /

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") regarding Certificate of Need ("CON") Application No. 10097, which concerned the establishment of a comprehensive medical rehabilitation hospital of up to 40 beds and CON Application No. 10098, which concerned the establishment of a 20-bed comprehensive medical rehabilitation unit, both in the Second Batching Cycle of 2010.

On January 13, 2011, SHANDS TEACHING HOSPITAL AND CLINICS,

INC. d/b/a SHANDS REHAB HOSPITAL (hereinafter "Shands") filed a Petition for Formal Administrative Hearing challenging the preliminary approval of

Filed March 31, 2011 9:01 AM Division of Administrative Hearings

CON Application Nos. 10097 and 10098, which was preliminarily awarded to HealthSouth Rehabilitation Hospital of Marion County, LLC.

On March 16, 2011, Shands filed its Notice of Voluntary Dismissal.

On March 16, 2011, the Administrative Law Judge (AU) issued an Order Closing File.

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

1. The voluntary dismissal by Shands and the Order Closing File by DOAH are hereby acknowledged and accepted.

2. The Petition filed by Shands is hereby dismissed.

   
   

3. Each party shall be solely responsible for its respective costs and attorney's fees.

4. The above-styled case is hereby closed.

DONE and ORDERED this o25ciay of   _L           /

2011, in Tallahassee, Florida.

Eliz k, lflterir=n Secretary

AGENC EALTH 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 Z'D day of /Yc:arc..< , 2011.

RICHARD J. SHOOP, Ag cy Clerk

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

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Charles A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

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

Tallahassee, Florida 32301

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

R. Terry Rigsby, Esquire Brian A. Newman, Esquire

Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

215 South Monroe Street, 2nd Floor Post Office Box 10095

Tallahassee, Florida 32301-1839

Attorney for Healthsouth Rehabilitation of Marion County, LLC

Richard Joseph Saliba, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308 (Interoffice Mail)

Janice Mills Government Analyst II Facilities Intake

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

Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 11-000430CON

Orders for Case No: 11-000430CON