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AGENCY FOR HEALTH CARE ADMINISTRATION vs MANOR CARE HEALTH SERVICES, LLC, D/B/A MANOR CARE AT LELY PALMS, 10-002181 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002181 Visitors: 13
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: MANOR CARE HEALTH SERVICES, LLC, D/B/A MANOR CARE AT LELY PALMS
Judges: ELIZABETH W. MCARTHUR
Agency: Agency for Health Care Administration
Locations: Naples, Florida
Filed: Apr. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 9, 2010.

Latest Update: Dec. 15, 2010
AHCA v Manorcare Health Services LLC dba Manorcare at Lely Palms



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATIQII) OEC IS A 7: 52

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


v.


CASE NOS: 10-2181

2009011123

2009011124

RENDITION NO.: AHCA-10- f.3'10 -S-OLC

MANORCARE HEALTH SERVICES, LLC d/b/a MANORCARE AT LELY PALMS,


Respondent.



FINAL ORDER


Having reviewed the administrative complaint dated March 10, 2010, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 2) with the other party to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows:

ORDERED:


  1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.


    Filed December 15, 2010 10:19 AM Division of Administrative Hearings

    -----------1-


  2. Respondent shall pay an administrative fine in the amount of Ten Thousand Dollars ($10,000.00). The administrative fine is due and payable within thirty (30) days of the date of rendition of this Order.

  3. Checks should be made payable to the "Agency for Health Care Administration." The check, along with a reference to these case numbers, should be sent directly to:

    Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

    2727 Mahan Drive, MS# 14

    Tallahassee, Florida 32308


  4. Unpaid fines pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available.

  5. Respondent's petition for formal administrative proceedings is hereby dismissed.

  6. A conditional license is imposed commencing September 18, 2009 and ending October 18, 2009.

  7. Each party shall bear its own costs and attorney's fees.


  8. The above-styled cases are hereby closed.

DONE and ORDERED this /L/ day of D r          , 2010, in Tallahassee, Leon County, Florid .


rim Secretary

Age are Administration


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO 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 OF 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.


Copies furnished to:

Anna G. Small

Attorney for Respondent Broad and Cassel

215 S. Monroe Street, Suite 400

P.O. Drawer 11300

Tallahassee, Florida 32301 (U. S. Mail)

Mary Daley Jacobs Assistant General Counsel Agency for Health Care Administration

2295 Victoria Avenue, Room 346C

Fort Myers, Florida 33919 (Interoffice Mail)

Finance & Accounting

Elizabeth W. McArthur

Agency for Health Care

Administrative Law Judge

Administration

Division of Administrative Hearings

Revenue Management Unit

The DeSoto Building

2727 Mahan Drive, MS #14

1230 Apalachee Parkway

Tallahassee, Florida 32308

(Interoffice Mail)

Tallahassee, Florida 32399 (U.S. Mail)

Jan Mills

Agency for Health Care

Bobbie O'Dea

Health Services & Facilities

Administration

Consultant

2727 Mahan Drive, Bldg #3, MS #3

Agency for Health Care

Tallahassee, Florida 32308 (Interoffice Mail)

Administration 2727 Mahan Drive


Building #3, Room 1237


Tallahassee, Florida 32308

(Interoffice Mail)


..,


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Final Order was


served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the /6 y of <£402 , 2010.


Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

(850) 412-3630


Docket for Case No: 10-002181
Issue Date Proceedings
Dec. 15, 2010 Agency Final Order filed.
Sep. 09, 2010 Order Closing File. CASE CLOSED.
Sep. 08, 2010 Motion to Relinquish Jurisdiction filed.
Sep. 07, 2010 Joint Pre-hearing Stipulation filed.
Sep. 03, 2010 Order Denying Continuance of Final Hearing.
Sep. 02, 2010 Respondent's Response to Motion for Continuance filed.
Sep. 02, 2010 Motion for Continuance filed.
Aug. 18, 2010 Notice of Taking Deposition Duces Tecum (Dr. Robin Roth) filed.
Aug. 03, 2010 Notice of Transfer.
Jun. 30, 2010 Notice of Taking Deposition Duces Tecum filed.
Jun. 23, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 15 and 16, 2010; 9:00 a.m.; Naples, FL).
Jun. 09, 2010 Joint Motion for Continuance filed.
May 24, 2010 Notice of Taking Deposition Duces Tecum filed.
May 07, 2010 Notice of Service of Agency's First Set of Interrogatories, First Request for Admissions and Request for Production of Documents to Respondent filed.
Apr. 29, 2010 Order of Pre-hearing Instructions.
Apr. 29, 2010 Notice of Hearing (hearing set for July 15 and 16, 2010; 9:00 a.m.; Naples, FL).
Apr. 28, 2010 Joint Response to Initial Order filed.
Apr. 21, 2010 Initial Order.
Apr. 21, 2010 Order of Dismissal without Prejudice Pursuant to Section 120.569, Florida Statutes to Allow for Amendment and Resubmission of Petition filed.
Apr. 21, 2010 Petition for Formal Administrative Hearing filed.
Apr. 21, 2010 Amended Petition for Formal Administrative Hearing filed.
Apr. 21, 2010 Notice (of Agency referral) filed.
Apr. 21, 2010 Administrative Complaint filed.

Orders for Case No: 10-002181
Issue Date Document Summary
Dec. 15, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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