D

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION 2014 JUN I b A 9: 50

SMITH HEALTHCARE PROPERTIES LLC d/b/a LIGHTHOUSE INN NORTH,

Petitioner,

v.

AHCA No. 2012002913

[Formerly Case No. 12-704PH] [Formerly DOAH No. 12-1504]

DOAH No. 13-2415

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                              I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

v.

SMITH HEALTHCARE PROPERTIES LLC d/b/a LIGHTHOUSE INN NORTH,

Respondent.

                                                                              I

FINAL ORDER

RENDITION NO.: AHCA- I'--1 -J sV i -S-OLC

AHCA No. 2011013647

AHCA No. 2012001999

[Formerly Case No. 12-705PH]

DOAH No. 12-3224

AHCA No. 2012009139 CASE No. 12-615PH

Having reviewed the Amended Notice of Intent to Deny, the Amended Administrative Complaint, and the Administrative Complaint, 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 pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

   
   

2. The Agency issued the attached Amended Notice of Intent to Deny, the Amended Administrative Complaint, the Administrative Complaint, and the Election of Rights forms (Composite Ex. 1). The Election of Rights forms advised of the right to an administrative hearing.

   
   

3. The parties have since entered into the attached Settlement Agreement1• (Ex. 2) Based upon the foregoing, it is ORDERED:

Filed June 17, 2014 4:38 PM Division of Administr1ative 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. Lighthouse Inn North agrees as follows: a. The Notice of Intent to Deny letter is deemed superseded; b. A Change of Ownership application for an eligible provider shall be filed within 180 days of the execution of the settlement agreement; c. Lighthouse Inn North will pay the fine of $2,500.00 plus

$237.00 survey fee1 and $3,250.00 for a total of $5,987.00 before the Change of Ownership is complete, but not later than 90 days after the execution of the settlement agreement. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. 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

ORDERED at Tallahassee, Florida, on this _12 day of     

---------' 2014.

dek, Secretary

alth 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 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.

1 Paragraph 4(c) of the Settlement Agreement contains a scrivener's error. It indicates a survey fee of $500.00, but the correct survey fee amount is $237.00.

CERTIFICATE OF SERVICE

t7v

I CERTIFY that a true and corrzt cppy of this Fipal Order was served on the below-named persons by the method designated on this day of . / ),, , 2014.

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

Docket for Case No: 13-002415

Orders for Case No: 13-002415