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AGENCY FOR HEALTH CARE ADMINISTRATION vs ALBANY AVENUE ADULT CONGREGATE LIVING FACILITY, INC., D/B/A ALBANY AVENUE ACLF, INC., 15-005622 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005622 Visitors: 22
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ALBANY AVENUE ADULT CONGREGATE LIVING FACILITY, INC., D/B/A ALBANY AVENUE ACLF, INC.
Judges: D. R. ALEXANDER
Agency: Agency for Health Care Administration
Locations: Tampa, Florida
Filed: Oct. 07, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 1, 2016.

Latest Update: Sep. 13, 2016
15005622_282_09132016_16180054_e

FIL.ED

STATE OF FLORIDA AHCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK


STATE OF FLORIDA, AGENCY FOR

DdA7AliJ . i 5 2 Si

HEALTH CARE ADMINISTRATION, 15-6673

Petitioner,


V.


ALBANY AVENUE ADULT CONGREGATE LIVING FACILITY, INC., d/b/a ALBANY AVENUE ACLF, INC.,


            Respondent.                                                        

/


AHCA NOS. 2015007268

2015010157

LICENSE NO. 6044

RENDmON NO.: AHCA-\ -0 13 -S-OLC


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 issued the attached Administrative Complaints and Election of Rights forms to the Respondent. (Ex. 1 and Ex. 2) The Election of Rights forms advised of the right to an administrative hearing.


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

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


  4. The agency actions for license revocation are withdrawn.


  5. The Respondent shall pay the Agency $4,500.00. 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:


Central Intake Unit

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 61

Tallahassee, Florida 32308


Filed September 13, 2016 4:18 PM Division of Adm1inistrative Hearings

ORDERED at Tallahassee, Florida, on this        j_ day of_         '2016.


ud k, Secretary

Agency for ealth 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.


CERTIFICATE OF SERVICE


I CERTIFY that a true and correc y his Final Order was served on the below-named persons by the method designated on this f c                  , 2016.


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)

David Selby, Assisted General Counsel

Nicolas Q. Porter, Esq.

Office of the General Counsel

de la Parte & Gilbert, P.A.

Agency for Health Care Administration

P.O. Box 2350

(Electronic Mail)

Tampa, Florida 33601


(U.S. Mail)


D.R. Alexander

Peter D. Manescala

Administrative Law Judge

Owner/Officer

Division of Administrative Hearings

Albany Avenue Adult Congregate Living

1230 Apalachee Parkway

Facility, Inc.

Tallahassee, Florida 32399-3060

1920 W. North B St.

(Electronic Mail)

Tampa, Florida 33606


(U.S. Mail)


Docket for Case No: 15-005622
Issue Date Proceedings
Sep. 13, 2016 Settlement Agreement filed.
Sep. 13, 2016 Agency Final Order filed.
Aug. 01, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 01, 2016 Joint Motion to Close File & Relinquish Jurisdiction filed.
Jun. 30, 2016 Agency's Notice of Service of Second Request For Production filed.
Jun. 20, 2016 Notice of Hearing by Video Teleconference (hearing set for August 22 and 23, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
Jun. 20, 2016 Joint Report Providing Suggested Hearing Dates filed.
Jun. 13, 2016 Order Granting Continuance.
Jun. 13, 2016 Joint Motion for Continuance (filed in Case No. 15-006673).
Jun. 13, 2016 Joint Motion for Continuance filed.
Jun. 02, 2016 Notice of Apperance (Thomas J. Walsh, II) filed.
May 06, 2016 Notice of Taking Depositions Duces Tecum (of Sammy Harvey, Jackie Manescala, and Peter Manescala) filed.
May 03, 2016 Respondent's Amended Notice of Taking Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310 (of Robin Baker, filed in Case No. 15-006673).
May 03, 2016 Respondent's Amended Notice of Taking Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310 (of Robin Baker) filed.
May 02, 2016 Respondent's Notice of Taking Deposition Duces Tecum Under Florida Rule of Civil Procedure 1.310 (Victor Kruppenbacher and Tresa Johnson) filed.
May 02, 2016 Respondent's Notice of Taking Deposition Duces Tecum Under Florida Rule Civil Procedure 1.310 (Robin Baker) filed.
Mar. 09, 2016 Notice of Hearing by Video Teleconference (hearing set for June 28 and 29, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
Mar. 08, 2016 Joint Status Report (filed in Case No. 15-006673).
Mar. 08, 2016 Joint Status Report filed.
Feb. 02, 2016 Order Placing Cases in Abeyance (parties to advise status by March 8, 2016).
Feb. 01, 2016 Respondent?s Response to Agency?s First Request for Admissions (filed in Case No. 15-006673).
Feb. 01, 2016 Respondent?s Response to Agency?s First Request to Produce (filed in Case No. 15-006673).
Feb. 01, 2016 Respondent?s Notice of Service of Responses to Petitioner?s First Set of Interrogatories (filed in Case No. 15-006673).
Feb. 01, 2016 Respondent?s Response to Agency?s First Request for Admissions filed.
Feb. 01, 2016 Respondent?s Response to Agency?s First Request to Produce filed.
Feb. 01, 2016 Respondent?s Notice of Service of Responses to Petitioner?s First Set of Interrogatories filed.
Jan. 29, 2016 Joint Status Report (filed in Case No. 15-006673).
Jan. 29, 2016 Joint Status Report filed.
Jan. 28, 2016 Agency's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories (Case No. 15-6673) (filed in Case No. 15-006673).
Jan. 28, 2016 Agency's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories (Case No. 15-6673) filed.
Jan. 12, 2016 Agency's Notice of Service of Responses to Respondent's First Set of Interrogatories & First Request for Production of Documents (Cases 15-5622 & 15-6673, filed in Case No. 15-006673).
Jan. 12, 2016 Agency's Notice of Service of Responses to Respondent's First Set of Interrogatories & First Request for Production of Documents (Cases 15-5622 & 6673) filed.
Dec. 23, 2015 Agency's Notice of Service of First Requests for Interrogatories, Production & Admissions (filed in Case No. 15-006673).
Dec. 23, 2015 Agency's Notice of Service of First Requests for Interrogatories, Production & Admissions filed.
Dec. 14, 2015 Order Continuing Hearing (parties to advise status by January 29, 2016).
Dec. 14, 2015 Order Consolidating Cases (DOAH Case Nos. 15-5622 and 15-6673)).
Dec. 11, 2015 Joint Motions to Consolidate & to Continue Final Hearing filed.
Dec. 11, 2015 Joint Motions to Consolidate & to Continue Final Hearing filed.
Nov. 25, 2015 Respondent's First Request for Production to Petitioner (Case No. 15-5622) filed.
Nov. 25, 2015 Respondent's Notice of Serving First Set of Interrogatories to Petitioner (Case No. 15-5622) filed.
Nov. 12, 2015 Order of Pre-hearing Instructions.
Nov. 12, 2015 Notice of Hearing by Video Teleconference (hearing set for January 26 and 27, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
Oct. 22, 2015 Notice of Appearance (Nicolas Porter) filed.
Oct. 22, 2015 Notice of Appearance (Edward De La Parte, Jr.) filed.
Oct. 15, 2015 Joint Response to Initial Order filed.
Oct. 08, 2015 Initial Order.
Oct. 07, 2015 Election of Rights filed.
Oct. 07, 2015 Administrative Complaint filed.
Oct. 07, 2015 Notice (of Agency referral) filed.

Orders for Case No: 15-005622
Issue Date Document Summary
Sep. 09, 2016 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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