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HOPE GARDEN ASSISTED LIVING AND ECC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 12-003466 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003466 Visitors: 20
Petitioner: HOPE GARDEN ASSISTED LIVING AND ECC, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: E. GARY EARLY
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Oct. 22, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 19, 2013.

Latest Update: May 30, 2013
12003466AFO

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


v.

2013 MAY 29 P I: IS


AHCA No.: 2011011674

DOAH No.: 12-3902

RENDITION NO.: AHCA- / - .:J# -S-OLC


HOPE GARDEN ASSISTED LIVING

& ECC, INC.,


Respondent.

                                                                               I


HOPE GARDEN ASSISTED LIVING

& ECC, INC.,


Petitioner, AHCA No.: 2012009566

DOAH No.: 12-3466

v.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

                                                                                I


FINAL ORDER


Having reviewed the Administrative Complaints, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency has jurisdiction over the above-named party pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  2. The Agency issued the attached Administrative Complaint and Election of Rights form to Hope Garden Assisted Living Facility. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.


  3. The Agency issued the attached Notice oflntent to Deny letter and the Election of Rights form to Hope Garden Assisted Living Facility. (Ex. 2) The Election of Rights form advised of the right to an administrative hearing.


  4. The parties have since entered into the attached Settlement Agreement. (Ex. 3) Based upon the foregoing, it is ORDERED:


Filed May 30, 2013 10:05 AM Division of Administrative Hearings

  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The Respondent shall pay the Agency $3,500.00. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case number should be sent to:


    Office of Finance and Accounting Revenue Management Unit

    Agency for Health Care Administration 2727 Mahan Drive, MS 14

    Tallahassee, Florida 32308


  3. The Notice oflntent to Deny is withdrawn.

ORDERED at Tallahassee, Florida, on this 2-Y/ day of-+- --+ ' 2013.




e1':- etary

are 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 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.


CERTIFICATE OF SERVICE


I CERTIFY that a true and correct of this Final Order was served on the below-named persons by the method designated on this 2:C Y of /1-:/l'o.---/ , 2013.


Richar oop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

Jan Mills

Facilities Intake Unit (Electronic Mail)

Finance & Accounting Revenue Management Unit (Electronic Mail)

Lourdes A. Naranjo, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Calisha A. Francis, Esq. Attorney for Hope Garden Assisted Living Facility Martells and Francis, LLC

4000 Hollywood Blvd. , Suite 555-S Hollywood, Florida 33021

(U.S. Mail)

E Gary Early Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)



Docket for Case No: 12-003466
Issue Date Proceedings
May 30, 2013 Settlement Agreement filed.
May 30, 2013 (Agency) Final Order filed.
Apr. 19, 2013 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 18, 2013 Joint Motion to Relinquish Jurisdiction filed.
Apr. 10, 2013 Hope Garden's First Request for Production of Documents filed.
Apr. 10, 2013 Hope Garden's First Request for Production of Documents (filed in Case No. 12-003902).
Apr. 05, 2013 Hope Garden's First Interrogatories to ACHA filed.
Apr. 05, 2013 Hope Garden First Request for Admissions filed.
Apr. 05, 2013 Hope Garden First Request for Admissions (filed in Case No. 12-003902).
Apr. 05, 2013 Hope Garden's First Interrogatories to ACHA (filed in Case No. 12-003902).
Apr. 05, 2013 Notice of Taking Depositions Duces Tecum (of W. Boundy; filed in Case No. 12-003902).
Apr. 05, 2013 Notice of Taking Depositions Duces Tecum (of W. Boundy) filed.
Apr. 03, 2013 Notice of Transfer.
Apr. 03, 2013 Notice of Taking Depositions Duces Tecum (of A. Mayo Davis and G. Warnock) filed.
Apr. 03, 2013 Notice of Taking Depositions Duces Tecum (of A. Mayo Davis and G. Warnock; filed in Case No. 12-003902).
Apr. 02, 2013 Notice of Taking Depositions Duces Tecum (of T. Reznick, M. Border, and G. Germinal) filed.
Mar. 29, 2013 Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 12-003902).
Mar. 29, 2013 Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner filed.
Mar. 28, 2013 Notice of Taking Deposition Duces Tecum (of L. Reid, L. Thompson, D. Harris, and C. Thompson) filed.
Feb. 18, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 14, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Feb. 14, 2013 Notice of Unavailability filed.
Feb. 14, 2013 Joint Motion to Reschedule the Final Hearing filed.
Feb. 14, 2013 CASE STATUS: Motion Hearing Held.
Feb. 11, 2013 Joint Motion for Abeyance filed.
Jan. 18, 2013 Notice of Unavailability filed.
Jan. 04, 2013 Petitioner's Response to Respondent's First Request for Admissions (filed in Case No. 12-003902).
Jan. 04, 2013 Petitioner's Response to Respondent's First Request for Admissions (filed in Case No. 12-003902).
Jan. 04, 2013 Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 12-003902).
Jan. 04, 2013 Petitioner's Response to Respondent's Request to Produce (filed in Case No. 12-003902).
Jan. 04, 2013 Notice of Service of Petitioner's Unsworn Answers to Respondent's First Set of Interrogatories, Request for Admissions and Request for Production of Documents (filed in Case No. 12-003902).
Jan. 04, 2013 Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner filed.
Jan. 04, 2013 Petitioner's Response to Respondent's Request to Produce filed.
Jan. 04, 2013 Petitioner's Response to Respondent's First Request for Admissions filed.
Jan. 04, 2013 Notice of Service of Petitioner's Unsworn Answers to Respondent's First Set of Interrogatories, Request for Admissions and Request for Production of Documents filed.
Dec. 20, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 8, 2013; 9:00 a.m.; Fort Lauderdale, FL).
Dec. 20, 2012 Order of Consolidation (DOAH Case Nos. 12-3466 and 12-3902)).
Dec. 18, 2012 Joint Motion to Consolidate and to Extend Time for the Final Hearing filed.
Nov. 14, 2012 Order of Pre-hearing Instructions.
Nov. 14, 2012 Notice of Hearing (hearing set for January 11, 2013; 9:00 a.m.; Fort Lauderdale, FL).
Nov. 05, 2012 AHCA's First Set of Interrogatories filed.
Nov. 05, 2012 AHCA's First Request for Production filed.
Nov. 05, 2012 AHCA's First Request for Admissions filed.
Nov. 02, 2012 Amended Unilateral Response to Initial Order filed.
Oct. 29, 2012 Unilateral Response to Initial Order filed.
Oct. 22, 2012 Initial Order.
Oct. 22, 2012 Election of Rights filed.
Oct. 22, 2012 Notice (of Agency referral) filed.
Oct. 22, 2012 Hope Garden Assisted Living and ECC, Inc.'s Petition/Request for Formal Administrative Proceeding/Hearing filed.
Oct. 22, 2012 Notice of Intent to Deny filed.

Orders for Case No: 12-003466
Issue Date Document Summary
May 29, 2013 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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