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Theodore Erwin Mack
Theodore Erwin Mack
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Bar #200840(FL)     License for 50 years
Tallahassee FL

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00-001493  BROOKWOOD-WASHINGTON COUNTY CONVALESCENT CENTER, INC., D/B/A WASHINGTON COUNTY CONVALESCENT vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2000)
Division of Administrative Hearings, Florida Filed: Apr. 05, 2000
Whether the agency's audit adjustment of an interim rate should be sustained.Settled interim rate relied on by provider could not be reduced by audit when quality of care would have reduced personnel to staff facility.
01-004491  AGENCY FOR HEALTH CARE ADMINISTRATION vs CASSELBERRY ALF, INC., D/B/A EASTBROOKE GARDENS  (2001)
Division of Administrative Hearings, Florida Filed: Nov. 19, 2001
Whether Respondent, Casselberry ALF, Inc., d/b/a Eastbrooke Gardens, violated Section 400.28(1)(a), Florida Statutes, and Rule 58A-5.0182, Florida Administrative Code, as cited in the four AHCA Administrative Complaints, based on four consecutive AHCA surveys of Respondent's assisted living facility (ALF), alleging failure to provide care and services appropriate to the needs of its residents. Whether the facts alleged constitute Class I or Class II deficiencies. Whether, if found guilty, a civil penalty in any amount or the imposition of a moratorium is warranted pursuant to the cited statutes.Based on four consecutive surveys, Petitioner failed to prove by clear and convincing evidence that Respondent`s assisted living facility for memory impaired residents failed to provide appropriate care and services.
01-004492  AGENCY FOR HEALTH CARE ADMINISTRATION vs CASSELBERRY ALF, INC., D/B/A EASTBROOK GARDENS  (2001)
Division of Administrative Hearings, Florida Filed: Nov. 19, 2001
Whether Respondent, Casselberry ALF, Inc., d/b/a Eastbrooke Gardens, violated Section 400.28(1)(a), Florida Statutes, and Rule 58A-5.0182, Florida Administrative Code, as cited in the four AHCA Administrative Complaints, based on four consecutive AHCA surveys of Respondent's assisted living facility (ALF), alleging failure to provide care and services appropriate to the needs of its residents. Whether the facts alleged constitute Class I or Class II deficiencies. Whether, if found guilty, a civil penalty in any amount or the imposition of a moratorium is warranted pursuant to the cited statutes.Based on four consecutive surveys, Petitioner failed to prove by clear and convincing evidence that Respondent`s assisted living facility for memory impaired residents failed to provide appropriate care and services.
01-004648  AGENCY FOR HEALTH CARE ADMINISTRATION vs CASSELBERRY ALF, INC., D/B/A EASTBROOK GARDENS  (2001)
Division of Administrative Hearings, Florida Filed: Dec. 05, 2001
Whether Respondent, Casselberry ALF, Inc., d/b/a Eastbrooke Gardens, violated Section 400.28(1)(a), Florida Statutes, and Rule 58A-5.0182, Florida Administrative Code, as cited in the four AHCA Administrative Complaints, based on four consecutive AHCA surveys of Respondent's assisted living facility (ALF), alleging failure to provide care and services appropriate to the needs of its residents. Whether the facts alleged constitute Class I or Class II deficiencies. Whether, if found guilty, a civil penalty in any amount or the imposition of a moratorium is warranted pursuant to the cited statutes.Based on four consecutive surveys, Petitioner failed to prove by clear and convincing evidence that Respondent`s assisted living facility for memory impaired residents failed to provide appropriate care and services.
01-004658  AGENCY FOR HEALTH CARE ADMINISTRATION vs CASSELBERRY ALF, INC., D/B/A EASTBROOK GARDENS  (2001)
Division of Administrative Hearings, Florida Filed: Dec. 05, 2001
Whether Respondent, Casselberry ALF, Inc., d/b/a Eastbrooke Gardens, violated Section 400.28(1)(a), Florida Statutes, and Rule 58A-5.0182, Florida Administrative Code, as cited in the four AHCA Administrative Complaints, based on four consecutive AHCA surveys of Respondent's assisted living facility (ALF), alleging failure to provide care and services appropriate to the needs of its residents. Whether the facts alleged constitute Class I or Class II deficiencies. Whether, if found guilty, a civil penalty in any amount or the imposition of a moratorium is warranted pursuant to the cited statutes.Based on four consecutive surveys, Petitioner failed to prove by clear and convincing evidence that Respondent`s assisted living facility for memory impaired residents failed to provide appropriate care and services.
02-002742  ANA I. RIVERA vs FAIR HAVENS CENTER, L.L.C.  (2002)
Division of Administrative Hearings, Florida Filed: Jul. 05, 2002
Whether Respondent committed an unlawful employment practice against Petitioner in violation of Section 760.10 et seq., Florida Statutes, as set forth in Petitioner's Charge of Discrimination dated September 4, 2001, and, if so, the penalties that should be imposed.Nurse`s employment was terminated for non-discriminatory reason.
00-003222CON  HOSPICE BY THE SEA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND CATHOLIC HOSPICE, INC.  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2000
Hospice application denied with no numeric need, no special circumstances, highest penetration rate in state, and 4 excellent providers with standing and potential adverse impacts of varying degrees on staffing, admissions, or revenues.
00-003223CON  VITAS HEALTHCARE CORPORATION vs AGENCY FOR HEALTH CARE ADMINISTRATION AND CATHOLIC HOSPICE, INC.  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2000
Hospice application denied with no numeric need, no special circumstances, highest penetration rate in state, and 4 excellent providers with standing and potential adverse impacts of varying degrees on staffing, admissions, or revenues.
00-003224CON  HOSPICE CARE OF BROWARD COUNTY, INC. vs CATHOLIC HOSPICE, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 04, 2000
Hospice application denied with no numeric need, no special circumstances, highest penetration rate in state, and 4 excellent providers with standing and potential adverse impacts of varying degrees on staffing, admissions, or revenues.
00-003580  BROOKWOOD-WALTON COUNTY CONVALESCENT CENTER AND BROOKWOOD-WASHINGTON COUNTY CONVALESCENT CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2000)
Division of Administrative Hearings, Florida Filed: Aug. 30, 2000
The issue in this proceeding is whether the Agency for Health Care Administration's denial of Petitioners', Brookwood- Walton County Convalescent Center and Brookwood-Washington County Convalescent Center (Brookwood), interim rate request for general and professional liability insurance was proper and in keeping with state and federal laws and the rules and regulations governing Florida's Medicaid program.Petitioner entitled to interim rate increase for significant increase of liability insurance premium since reimbursement standards under state`s reimbursement plan and federal regulations are standards with which Petitioner had to comply.

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