14-000123CON Memorial Healthcare Group, Inc., D/B/A Memorial Hospital Jacksonville vs. Agency For Healthcare Administration And Shands Jacksonville Medical Center, Inc., D/B/A Uf Health Jacksonville Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, July 7, 2014.

STATE STATE STATE OF OF OF FLORIDA FLORIDA FLORIDA I\\GEI-iCY I\\GEI-iCY .!\\HGA .!\\HGA CLERK CLERK

AGENCY AGENCY AGENCY FOR FOR FOR HEALTH HEALTH HEALTH CARE CARE CARE ADMINISTRATION ADMINISTRATION ADMINISTRATION

MEMORIAL HEALTHCARE 2014 2014 2014 JUL JUL JUL I8A I8A 18 All: II: II: I2 I2 12

MEMORIAL MEMORIAL HEALTHCARE HEALTHCARE GROUP, GROUP, GROUP, INC. INC. INC.

d/b/a d/b/a d/b/ a MEMORIAL MEMORIAL MEMORIAL HOSPITAL HOSPITAL HOSPITAL

JACKSONVILLE, JACKSONVILLE, JACKSONVILLE,

Petitioner, Petitioner, Petitioner,

vs. vs. vs. CON CON CON NO. NO. NO. 10198 10198 10198

CASE CASE CASE NO. NO. NO. 14-0123CON 14-0123CON 14- 0123CON

STA STA STATE TE TE OF OF OF FLORIDA, FLORIDA, FLORIDA, AGENCY AGENCY AGENCY FOR FOR FOR AHCA AHCA AHCA NO. NO. NO. 2014000108 2014000108 2014000108

HEALTH HEALTH HEALTH CARE CARE CARE ADMINISTRATION, ADMINISTRATION, ADMINISTRATION, and and and

SHANDS SHANDS SHANDS JACKSONVILLE JACKSONVILLE JACKSONVILLE MEDICAL MEDICAL MEDICAL

CENTER, CENTER, CENTER, INC., INC., INC., d/b/a d/b/a d/b/ a UF UF OF HEALTH HEALTH HEALTH

JACKSONVILLE, JACKSONVILLE, JACKSONVILLE,

Respondents. Respondents. Respondents.

------------------,/ ------------------,/

FINAL FINAL FINAL ORDER ORDER ORDER

THIS THIS THIS CAUSE CAUSE CAUSE came came came before before before the the the State State State of of of Florida, Florida, Florida, Agency Agency Agency for for for Health Health Health Care Care Care Administration Administration Administration

the ("the ("the Agency") Agency") Agency") regarding regarding regarding Certificate Certificate Certificate of of of Need (" Need Need CON") ("CON") ("CON") Application Application Application No. No. No. 10198, 10198, 10198, which which which sought sought sought the the the

establishment establishment establishment of of of a a a 92- 92-bed 92-bed bed acute acute acute care care care general general general hospital, hospital, hospital, proposed proposed proposed to to to be be be located located located in in in Duval Duval Duval County, County, County,

Florida, Florida, Florida, District District District 4. 4. 4. The The The Agency Agency Agency preliminarily preliminarily preliminarily approved approved approved the the the application. application. application.

1. 1. 1. On On On December December December 10, 10, 10, 2013, 2013, 2013, the the the Agency Agency Agency published published published notice notice notice of of of its its its preliminary preliminary preliminary decision decision decision

to to to approve approve approve CON CON CON Application Application Application 10198, 10198, 10198, submitted submitted submitted by by by Shands Shands Shands Jacksonville Jacksonville Jacksonville Medical Medical Medical Center, Center, Center, Inc., Inc., Inc.,

d/b/ a d/b/a d/b/a OF UF UF Health Health Health Jacksonville, Jacksonville, Jacksonville, which which which sought sought sought the the the establishment establishment establishment of of of a a a 92- 92-bed 92-bed bed acute acute acute care care care general general general

hospital, hospital, hospital, proposed proposed proposed to to to be be be located located located in in in Duval Duval Duval County, County, County, Florida, Florida, Florida, District District District 4. 4. 4.

2. 2. 2. On On On December December December 30, 30, 30, 2013, 2013, 2013, Memorial Memorial Memorial Healthcare Healthcare Healthcare Group, Group, Group, Inc. Inc. Inc. d/b/ a d/b/a d/b/a Memorial Memorial Memorial

Hospital Hospital Hospital Jacksonville (" Jacksonville Jacksonville Memorial"), ("Memorial"), ("Memorial"), timely timely timely filed filed filed a a a petition petition petition for for for formal formal formal administrative administrative administrative hearing hearing hearing to to to

contest contest contest the the the preliminary preliminary preliminary approval approval approval of of of CON CON CON Application Application Application 10198. 10198. 10198.

3. 3. 3. The The The matter matter matter was was was referred referred referred to to to the the the Division Division Division of of of Administrative Administrative Administrative Hearings ( Hearings Hearings DOAH), (DOAH), (DOAH),

where where where it it it was was was assigned assigned assigned Case Case Case No. No. No. 14- 14-0123CON. 14-0123CON. 0123CON.

4. On July 3, 2014, Memorial filed a Notice of Voluntary Dismissal.

5. On July 7, 2014, the DOAH issued an Order Closing File and Relinquishing

Jurisdiction to the Agency.

It is therefore ORDERED:

6. The Agency's preliminary decision to approve CON Application No. 10198 is

UPHELD subject to the conditions noted in the State Agency Action Report.

ORDERED in Tallahassee, Florida, on this 1'1 day of

2014.

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 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

of 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.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of this Final Order was served on the below-

-::::=- .

named persons by themethod designated on this __ ---,-> -"/'-u_t'L-r v ' 2014.

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

R. Bruce McKibben Lorraine M. Novak, Esquire

Administrative Law Judge Office of the General Counsel

Division of Administrative Hearings Agency for Health Care Administration

(Electronic Mail) LOlTaine.Novak((1!ahca.mvf1orida.com

(Electronic Mail)

Stephen A. Ecenia, Esquire Seann M. Frazier, Esquire

Rutledge, Ecenia and Purnell, P .A. Jonathan L. Rue, Esquire

Post Office Box 551 Parker, Hudson, Rainer and Dobbs, LLP

Tallahassee, Florida 32302-0551 215 South Monroe Street, Suite 750

Steve((i)reuphlaw.com Tallahassee, Florida 32301

(Electronic Mail) Sfrazier0)phrd.com

Jlr({pphrd.com

(Electronic Mail)

Karl David Acuff, Esquire James McLemore, Supervisor

Law Offices of Karl David Acuff Certificate of Need Unit

1615 Village Square Blvd., Suite 2 Agency for Health Care Administration

Tallahassee, Florida 32309-2770 James.McLemore(a)ahca.mvflorida.com

Kdacuf1(Zz)fl oridacourts.com (Electronic Mail)

(Electronic Mail)

Marisol Fitch

Health Services & Facilities Consultant

Certificate of Need Unit

Agency for Health Care Administration

(Electronic Mail)