Conclusions 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 7 day of Z , 2010, in Tallahassee, Florida. Elizabeth Dudek, Interim Secretary Agency for Hgalth Care Administration
Conclusions THIS CAUSE comes before the Agency for Health Care Administration (“the Agency”) regarding Certificate of Need ("CON") Application No. 10137, filed by Landmark Hospital of Southwest Florida, LLC (“Landmark”) seeking a CON to establish a 50-bed long-term acute care hospital in Collier County. In addition, Kindred Hospitals East, LLC (“Kindred”) filed CON Application No. 10138 seeking a CON to establish a 40-bed long-term acute care hospital. The Agency preliminarily denied both CON applications. 1. Kindred filed a petition for formal hearing contesting the denial of its application. 2. Landmark filed a petition for formal hearing contesting the denial of its application. 3. Both petitions were forwarded to the Division of Administrative Hearings (“DOAH”), which consolidated the two cases. 4. On February 1, 2013, Kindred filed a Notice of Voluntary Dismissal withdrawing CON Application 10138. 5. On February 5, 2013, the DOAH entered an order severing the cases and closing Filed February 25, 2013 1:06 PM Division of Administrative Hearings the file as to Kindred and DOAH Case No. 12-2514. 6. The Agency and Landmark have since entered into the attached Settlement Agreement. (Ex. 1) It is therefore ORDERED: 1, The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties are directed to comply with the terms of the Settlement Agreement. 2. The denial of CON application 10137 filed by Landmark is WITHDRAWN and CON application 10137 is APPROVED. 3. Each party shall be solely responsible for its respective costs and attorney’s fees. ORDERED in Tallahassee, Florida, on thise2/ day o , 2013. REQ Elizabeth Dudek, Secretary Agency for Health Care Administration
Conclusions THE PARTIES resolved all disputed issues and executed a Settlement Agreement. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE and ORDERED on this the La * xy of Yorcnter , 2014, in Tallahassee, Florida. ~ Ly for ZABETH DUI@EK, SE@RETARY Agency for Health Care Administration 1 AHCA vs. Jackson Memorial Hospital, C.1. 11-1437-000 Final Order Filed November 19, 2014 3:21 PM Division of Administrative Hearings A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS 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 RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Monica Galindo Stinson Assistant Attorney General Florida Bar No. 145785 OFFICE OF THE ATTORNEY GENERAL 110 S.E. 6th Street, 10th Floor Fort Lauderdale, FL 33301 John Bajger, Bureau Chief Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL 110 S.E. 6th Street, 10th Floor Fort Lauderdale, FL 33301 Chris Kokoruda, Esq. Jackson Memorial Hospital 1611 N.W. 12th Ave., West Wing 109 Miami, Florida 33136 Counsel for Respondent Kelly Bennett, Chief Medicaid Program Integrity Agency for Health Care Administration (AHCA) Medicaid Program Integrity 2727 Mahan Drive, MS#3 Tallahassee, FL 32308 Shena L. Grantham Assistant General Counsel Agency for Health Care Administration (AHCA) Medicaid Program Integrity 2727 Mahan Drive, MS#3 Tallahassee, FL 32308 Finance and Accounting Health Quality Assurance 2 AHCA vs. Jackson Memorial Hospital, C.1. 11-1437-000 Final Order CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail or other designated method on this the [¢° day of Note bd 2014. Richard J. Shoop, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308-5403 (850) 412-3630/FAX (850) 921-0158 3 AHCA ys. Jackson Memorial Hospital, C.1. 11-1437-000 Final Order
