Division of Administrative Hearings, Florida
Filed: Apr. 07, 2009
Whether Petitioner, the Agency for Health Care Administration (AHCA or Agency), proved that Respondents, Life Care Centers of America, Inc., d/b/a Life Care Center of Port St. Lucie, and other Life Care facilities in Winter Haven, Ocala, Orlando, and Citrus County, were not in compliance with the Medicaid-patient-days condition stated on the face of the Certificates of Need (CON) for each facility for calendar year 2006, and, if not in compliance, whether the Agency may impose administrative fines in the amount sought in the first amended administrative complaints.The Agency proved by clear and convincing evidence that each Respondent nursing home did not meet their Certificate of Need Medicaid-patient-days conditions for calendar year 2006, but Respondent justified a reduced fine in each case.