STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

PRUITTHEALTH-OKALOOSA COUNTY, LLC,

',[ 2iJ FEB I I / Ii: 18

vs.

Petitioner,

DOAH Case No. AHCA Case No. CON No.

19-5062CON

2019014165

10579

JDM HEALTH SERVICES, LLC, AND STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

RENDITION NO.: AHCA- 2.e>- 0 98 -S-OLC

Respondents.

I

FINAL ORDER

THIS CAUSE is before the State of Florida , Agency for Health Care Administration ("the Agency") concerning the preliminary approval of JDM Health Services, LLC ' s Certificate of Need ("CON") application No. 10579 to establish an 84-bed community nursing home and the preliminary denial of PruittHealth - Okaloosa County, LLC's CON application No. 10580 to establish an 84-bed community nursing home both to be located in District 1, Subdistrict 2, Okaloosa County.

l. The Agency published a notice of its decision granting the preliminarily approval to CON applications No. 10579 filed by JDM Health Services, LLC and denying CON application No. 10580 by PruittHealth - Okaloosa County, LLC in the Florida Administrative Register, Volume 45, Number 161 , on August 19, 2019.

1. On September 9, 2019, PruittHealth - Okaloosa County, LLC filed a petition contesting the approval of CON No. 10579 and the denial of its CON application No. 10580.

2. On January 30, 2020, PruittHealth - Okaloosa County, LLC voluntarily dismissed its petition with prejudice. On that same day, the ALJ entered an Order Closing File and

Filed March 5, 2020 4:57 PM Division of Administrative Hearings

Relinquishing Jurisdiction.

It is therefore, ORDERED:

1. The Petition for formal hearing is dismissed.

2. The approval of CON application 10579 filed by JDM Health Services, LLC, and the denial of CON application 10580 by PruittHealth - Okaloosa County, LLC are UPHELD.

ORDERED in Tallahassee, Florida this / 0 day of February 2020.

Mary C. hew, 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 of 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 the method designated to the persons named below on this /ky of

Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

W. David Watkins Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Geoffrey D. Smith, Esquire Smith & Associates

709 S. Harbor City Blvd., Suite 540 Melbourne, Florida 32901 geoff@srnithlawtlh.com

Susan Crystal Smith, Esquire Smith & Associates

709 S. Harbor City Blvd., Suite 540 Melbourne, Florida 32901 susan@srnithlawtlh.corn

Sabrina B. Dieguez, Esquire Smith & Associates

709 S. Harbor City Blvd., Suite 540 Melbourne, Florida 32901 sabrina@srnithlawtlh.com

Michael J. Glazer, Esquire Ausley & McMullen

123 South Calhoun Street Tallahassee, Florida 32301 rnglazer@ausley.com

Stephen C. Emmanuel, Esquire Ausley & McMullen

123 South Calhoun Street Tallahassee, Florida 32301 sernmanuel@ausley.com

Julia E. Smith, Esquire

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 7

Tallahassee, Florida 32308 Julia.Srnith@ahca.rnyflorida.com

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

Janice K. Mills, Government Analyst II Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

James B. Mclemore, Unit Manager Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)

Bernard Hudson, Unit Manager Long Tenn Care Unit

Bureau of Health Facility Regulation (Electronic Mail)

Scott Waltz, Bureau Chief Office of Plans and Construction (Electronic Mail)

Docket for Case No: 19-005062CON

Orders for Case No: 19-005062CON