STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

APOLLO HEALTH AND REHABILITATION CENTER,

20!0 JUN 2 I A 8: 2O

VS .

Petitioner, DOAH CASE NO. 09-5214

RENDITION NO.: AHCA-10-0698-FOF-MDR

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADM INI STRATION,

Respondent .

I

FINAL ORDER

This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), William F. Quattlebaum, conducted a formal administrative hearing. At issue in this proceeding is whether the Agency for Health Care Administration ("AHCA" or "Agency") used the correct nursing home bed capacity in calculating the Medicaid per diem rate for the Petitioner for the rate period beginning July 1, 2009. The Recommended Order dated May 5, 2010 is attached to this final order and incorporated herein by reference.

RULINGS ON EXCEPTIONS

The parties did not file any exceptions to the Recommended Order.

FINDINGS OF FACT

The Agency hereby 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.

Filed June 21, 2010 2:29 PM Division of Administrative Hearings.

ORDER

Based upon the foregoing, the Petitioner's nursing home bed capacity on December 31, 2008 was 99 beds and the Agency shall make the appropriate adjustment to Petitioner's Medicaid per diem rate calculations for the relevant rate semester based on that bed capacity.

DONE and ORDERED this f6 day of, L k: , 2010, in Tallahassee, Florida.

THOMAS W. ARNOLD, SECRETARY

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

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 THE 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 WITHIN 30 DAYS OF 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 furnished by U.S. Mail, or by the method indicated, to the persons named below on this

7/ of

,20IOC

RICHARD J. SHOOP, Agency Clerk -­ Agency for Health Care Administration 2727 Mahan Drive, MS#3

Tallahassee, Florida 32308-5403

(850) 412-3630

COPIES FURNISHED TO:

Honorable William F. Quattlebaum Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Peter A. Lewis, Esquire

Law Offices of Peter A. Lewis, P.L.

3023 North Shannon Lakes Drive, Suite 101 Tallahassee, Florida 32309

Kelly A. Bennett, Esquire

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

Lisa Milton

Medicaid Program Analysis

Docket for Case No: 09-005214

Orders for Case No: 09-005214