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STATE OF FLORIDA /-\HCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGH; CY C LE f:K

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STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V.

DOAH CASE NO. 08-3719 FRAES NOS. 2008007480

2008007485

RENDITION NO.: AHCA-09- 4-43 -FOF-OLC

WOODLANDS EXTENDED CARE, INC. d/b/a WOODLAND TERRACE EXTENDED CARE CENTER,

Respondent.

I

FINAL ORDER

This cause was referred to the Division of Administrative Hearings where the assigned Administrative Law Judge (ALJ), Barbara J. Starns, conducted a formal administrative hearing. At issue in this case is whether Respondent committed the violations 3,lleged in the Second Amended Administrative Complaint and, if so, what penalty should be imposed. The Recommended Order of April 28, 2009, is attached to this Final Order rmd incorporated herein by reference.

RULING ON EXCEPTIONS

Neither party filed any exceptions to the Recommended Order.

FINDINGS OF FACT

The Agency adopts the findings of fact set forth in the Recommended Order.

Filed May 29, 2009 3:04 PM Division of Administra1tive Hearings.

CONCLUSIONS OF LAW

The Agency adopts the conclusions of law set forth in the Recommended Order. However, the conclusions of law in the Recommended Order regarding whether the Respondent committed the violations alleged in the Second Amended Administrative Complaint should be solely limited to the particular facts of this case and should not be given general applicability.

ORDER

Based upon the foregoing, the Second Amended Administrative Complaint issued by the Agency in this matter is hereby dismissed.

DONE and ORDERED this 1/J day of ._Af'-'- -.,

Florida.

, 2009, in Tallahassee,

,

HOLLYENS ECRETARY

AGENCY 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 PRESCRJBED 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

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnit;J;shbey U.S. or interoffice mail to the persons named below on this 4t'a.ay of

, 2009.

RIC SHOOP, Agen

Agenc ealth Care Adm· 2727 Mahan Drive, MS #3

Tallahassee, FL 32308

(850) 922-5873

COPIES FURNISHED TO:

Honorable Barbara J. Staros Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Michael 0. Mathis, Esquire

Agency for Health Care Administration Fort Knox Building III, Suite 3431 2727 Mahan Drive

Tallahassee, Florida 32308

Theodore E. Mack, Esquire Powell & Mack

803 North Calhoun Street Tallahassee, Florida 32303

Jan Mills

Facilities Intake Unit

Docket for Case No: 08-003719

Orders for Case No: 08-003719