STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION CLERK

HILLIARD HEALTHCARE

INC. d/b/a HILLIARD MANOR,

CASE NO.: 97-6006

vs.

Petitioner, RENDITION NO.: AHCA-98-253- FOF-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

/

FINAL ORDER

This cause came on before me for the purposes of issuing a final agency order. The Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings (OOAH) in the above- styled case submitted a Recommended Order to the Agency for Health Care Administration (AHCA). The Recommended Order entered May 26, 1998, by Administrative Law Judge Charles C. Adams is incorporated by reference.

FINDINGS OF FACT

The agency hereby adopts and incorporates by reference the findings of fact set forth in the Recommended Order.

CONCLUSIONS OF LAW

The agency hereby adopts and incorporates by reference the conclusions of law set forth in the Recommended Order excepts as follows. Counsel for the agency excepts to the first sentence of paragraph 22 wherein the ALJ concluded that to rate a nursing home as conditional on the basis of Class III violations under state law, the Class III violations must constitute a widespread potential for more than minimal harm. The exception is granted and the challenged sentence is stricken. For a discussion of quality rating of nursing homes and the agency's interpretation of its statutory and rule authority see Beverly Enterprises - Florida. Inc. d/b/a Eastbrooke Health Care Center vs. Agency for Health Care Administration, 20 F.A.L.R. 873 (AHCA 3/16/98).

Based upon the foregoing, it is

ADJUDGED, that the petition be DISMISSED.

DONE and ORDERED this 8th day of July, 1998, in Tallahassee, Florida.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

for DOUGLAS M. COOK, Director

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 WITH 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

COPIES FURNISHED:

Theodore E. Mack, Esquire Powell & Mack, P. A.

803 North Calhoun Street Tallahassee, Florida 32303

Charles C. Adams Administrative Law Judge

Division of Administrative Hearing The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Richard Ellis, Esquire Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308

Pat Hall (AHCA/HQA) Long Term Care Unit Fort Knox 1, Room 223

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing have been furnished to the above named people by U. S. Mail this 10th day of July, 1998.

CHARLES THOMPSON

for R. S. POWER, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308 850/922-5865

Docket for Case No: 97-006006

Orders for Case No: 97-006006