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AGENCY FOR HEALTH CARE ADMINISTRATION vs HALLANDALE REHABILITATION CENTER, 02-000683 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000683 Visitors: 22
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: HALLANDALE REHABILITATION CENTER
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Feb. 15, 2002
Status: Closed
Recommended Order on Wednesday, December 11, 2002.

Latest Update: Apr. 11, 2003
Summary: The issues are whether Respondent's operation of its nursing home was deficient and, if so, whether Petitioner should have imposed an already-lifted admissions moratorium, pursuant to Section 400.121(5)(a), Florida Statutes; and should impose a conditional license, pursuant to Section 400.23(7)(b), Florida Statutes; administrative fines of $95,000, pursuant to Section 400.19(8), Florida Statutes; a survey fee of $6000, pursuant to Section 400.19(3), Florida Statutes; and costs, pursuant to Secti
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(2-N-O04 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE i ADMINISTRATION, AT ° (e Petitioner, - oy DOAH CASE NO. 02-0683 Oc P AHCA CASE NO. 2001073751 <2" 2 RENDITION NO. AHCA-03 02 54-% roi vs. HALLANDALE REHABILITATION S CENTER, ae gem: CLS Respondent. AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, DOAH CASE NO. 02-0684 AHCA CASE NOS. 2001072581 vs. 2001073571 G.J.S. HOLDINGS, INC., d/b/a HALLANDALE REHABILITATION CENTER, Respondent. FINAL ORDER This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of December 11, 2002, is attached to this Final Order and incorporated herein by reference. RULING ON EXCEPTIONS No exceptions were filed in this case. gy FINDINGS OF FACT The Agency adopts the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. IT IS THEREFORE ADJUDGED THAT: In accordance with the Recommended Order, the Respondent is guilty of three separate isolated Class II deficiencies with respect to Resident #2, shall pay a doubled fine of $15,000.00, conditional licensure is imposed on Respondent, the already-lifted admissions moratorium is sustained and costs are imposed on Respondent for the investigation and prosecution. If the parties are unable to-agree on an amount for these costs, this cause shall be remanded to DOAH for an Administrative Law Judge to issue a supplemental recommended order on the amount of these costs. ' The remainder of the amended administrative complaint is dismissed. DONE and ORDERED in DOAH Case Nos. 02-0683 and 02-0684 this Ye day of ee | , 2003, in Tallahassee, Florida. RHONDA M. MEDOWS, MD., SECRETARY igency for Health Care Administration 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 THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY, ALONG WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE J] HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been hee by U.S. or interoffice mail to the persons named below on this _1O day of fel , 2003. Ch CALC is Uheudbon fee Lealand L. McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 COPIES FURNISHED TO: Robert E. Meale Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Lori C. Desnick, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 Jay Adams, Esquire Broad & Cassel 215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, FL 32302 Elizabeth Dudek Deputy Secretary Agency for Health Care Administration Wendy Adams Facilities Intake Jean Lombardi Finance and Accounting

Docket for Case No: 02-000683
Issue Date Proceedings
Apr. 11, 2003 Final Order filed.
Dec. 11, 2002 Recommended Order issued (hearing held July 31 and August 1, 2002) CASE CLOSED.
Dec. 11, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Oct. 22, 2002 Unopposed Motion to Supplement Record With One Undisputed Fact (filed by Petitioner via facsimile).
Oct. 22, 2002 Agency`s Proposed Recommended Order (filed via facsimile).
Oct. 21, 2002 Hallandale rehabilitation Center`s Proposed Recommended Order filed.
Oct. 16, 2002 Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (the parties have until October 21, 2002, to file, not serve, proposed recommended orders)
Oct. 16, 2002 Last Motion for Extension of Time to File Proposed Recommended Order (filed by Petitioner via facsimile).
Oct. 04, 2002 Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (parties have until October 16, 2002, to file, not serve, proposed recommended orders)
Oct. 01, 2002 Motion for Extension of Time to File Proposed Recommended Orders (filed by Petitioner via facsimile).
Sep. 23, 2002 Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (parties shall have until October 3, 2002 to file proposed recommended orders)
Sep. 19, 2002 Motion for Extension of Time to File Proposed Recommended Orders (filed by Petitioner via facsimile).
Aug. 30, 2002 Transcript (3 Volumes) filed.
Aug. 16, 2002 Notice of Filing Exhibit #16 filed by Respondent.
Aug. 15, 2002 Notice of Withdrawal of Exhibit (filed by Respondent via facsimile).
Jul. 30, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jul. 29, 2002 Agency for Health Care Administration`s Composite of Exhibits (filed via facsimile).
Jul. 26, 2002 Joint Prehearing Stipulation (filed via facsimile).
Jul. 17, 2002 Notice of Taking Depositions, Z. Blum, C. Ferguson, A. Walk (filed via facsimile).
Jun. 28, 2002 Notice of Taking Depositions (filed by L. Desnick via facsimile).
Jun. 28, 2002 Notice of Taking Depositions (filed by J. Adams via facsimile).
Jun. 05, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 31 and August 1, 2002; 9:00 a.m.; Fort Lauderdale, FL).
Jun. 04, 2002 Letter to Judge Parrish from J. Adams regarding rescheduling the final hearing (filed via facsimile).
May 06, 2002 Response to Interrogatories and Response to Request for Production of Documents (filed by Petitioner via facsimile).
May 06, 2002 Response to First Request for Admissions (filed by Petitioner via facsimile).
May 02, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 30 and 31, 2002; 9:00 a.m.; Fort Lauderdale, FL).
Apr. 29, 2002 Motion to Reschedule Final Hearing (filed by J. Adams via facsimile).
Apr. 04, 2002 The Agency for Health Care Administration`s First Set of Reqeust for Admissions, Interrogatories, and the Production of Documents filed.
Mar. 07, 2002 Order Granting Motion to Consolidate and Notice of Hearing issued (hearing set for May 9 and 10, 2002, 9:00 a.m., Fort Lauderdale, Fl., consolidated cases are: 02-000683, 02-000684)
Mar. 07, 2002 Order of Pre-hearing Instructions issued.
Mar. 06, 2002 Motion to Consolidate (case nos. 02-683, 02-684) (filed by GJS Holdings via facsimile).
Mar. 01, 2002 Notice of Hearing issued (hearing set for May 9 and 10, 2002; 9:00 a.m.; Fort Lauderdale, FL).
Feb. 28, 2002 Joint Response to Initial Order (filed via facsimile).
Feb. 21, 2002 Initial Order issued.
Feb. 15, 2002 Notice of Intent to Assign Conditional Licensure Status filed.
Feb. 15, 2002 Petition for Formal Administrative Hearing filed.
Feb. 15, 2002 Notice (of Agency referral) filed.

Orders for Case No: 02-000683
Issue Date Document Summary
Apr. 08, 2003 Agency Final Order
Dec. 11, 2002 Recommended Order $7500 fine (doubled due to Class II violation within prior year) for three isolated Class II deficiencies; costs; downgrade of license to conditional; and sustaining of eight-day admissions moratorium.
Source:  Florida - Division of Administrative Hearings

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