STATE OF FLORIDA FIL ER ; AGENCY FOR HEALTH CARE ADMINISTRATIOH AR ~5 PM be Fi 3 JOSEPH L. MORSE-GERIATRIC DIYISioie are CENTER, INC., ADM HAISTRATIy HEARINGS ‘ Petitioner, DOAH NO; 00-3362 & vs. AHCA NO: 09-00-022 NH AGENCY FOR HEALTH CARE AHCA-01- O37 -S-OLc ADMINISTRATION, Respondent, / FINAL ORDER BY ORDER dated December 11, 2000, the Division of Administrative Hearings closed its files in the above-styled cause because the parties filed a Joint Motion to Dismiss, which resolved all disputed iestcs, . | | , Upon consideration of the foregoing, the parties are directed to comply with their respective commitments set forth in their “Joint Motion to Dismiss”, which is incorporated by reference, and this proceeding is closed. DONE and ORDERED at Tallahassee, Leon County, Florida this 2? day of Plea 2: ben J. King-Shaw, Jr., Dir Agency for Health Care Administration . APARTY WHOIS ADVERSELY AFF ECTED 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 oe HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Alba M. Rodriguez, Assistant General Counsel Agency for Health Care Administration Manchester Building 8355 NW 53rd Street Miami, Florida 33166 (Inter-office mail) Nursing Home Program Office Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Inter-ffice mail) Pat Feeney, Field Office Manager Agency for Health Care Administration 1710 East Tiffany Drive, Suite 100 W. Palm Beach, Florida 33407 (Inter-office mail) Hon. Errol H. Powell Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. mail) Karen L. Goldsmith, Esquire GOLDSMITH & GROUT, P.A. 2180 North Park Avenue, Suite 100 Winter Park, Florida 32790-2011 (U.S. Certified mail) CERTIFICATE OF SERVICE ; * [HEREBY CERTIFY that a true copy of this Final Order was served by U.S. Certified Mail ‘or inter-office mail as indicated to the above named persons dated on Ne 5 , 2001. XH Fah 4g Za He Agency for Health Care Administration 2727 Mahan Drive Building 3 . Tallahassee, Florida 32308 (850) 922-5865 12/4/2088 13:23 4877499574 GOLDSMITH 2 GROUT PAGE 92 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JOSEPH L. MORSE GERIATRIC CENTER, Petitioner, -vs- CASE NO. 00-3362 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ~ a | JOINT MOTION TO DISMISS The Respondent, State of Florida, Agency for Health Care Administration, (“Agency”) and Petitioner, Joseph L. Morse Geriatric Center (“Petitioner”), each individually a “party,” collectively, “parties,” by and through their undersigned attomeys, file this Joint Motion to Dismiss and as grounds state as follows: 1. The parties agree to bear their own costs and attorney’s fees resulting from this case. 2. The parties agree that F151 shall be reclassified as a Class III, scope and severity of “D” 3 The parties also agree to incorporate into this agreement the Affidavit attached as Exhibit “A,” of Petitioner's Medical Director, Juergen Bludau, M.D. 4. Joseph L. Morse Geriatric Center will be removed from the Agency’s “Watch List.” 5. The Agency Shall send a letter to the Board of Medicine advising the Board of the reclassification of F15), 12/84/2008 16:01 4577499574 GOLDSMITH 2 GROUT Pace 6. Petitioner does hereby voluntarily dismiss its Petition for Formal Administrative Respectfully submitted on this a day of December, 2000. GOLDSMITH & GROUT, P.A. 2180 North Park Avenue, #100 ADMINISTRATION UEZ, SQ AGENCY FOR HEALTH CARE Post Office Box 2011 Winter Park, FL 32790-2011 407/740-0144 8355 N.W. 53 Street-1* Floor Miami, Florida 33166 305/499-2165 OO eee ee eee eat Nee eet tn tenn tttitttTittiiTiit tt niteinennenasienmnnnneminniaets. 12/84/2088 13:23 4877408574 CEC-O4 BG 11:GS RREIMIMUR Se GEREMIRUD IR. Diripnisoen 12/81/2800 12:4) 4077498574 EOLDSHITH 2 GeonT , AGE: GOLDSMITH 2 GROUT STATE GY FLORIDA. DIVISION OF ADMINISTRATIVE HEARINGS JOSEPH L. MORSE GERIATRIC CENTER, Petitioner, eVBe CASE NO. 90.2362 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. STATE OF FLORIDA county oF £1 9 beac I, Juergen Bludau, M.D., after beiag sworn, stats as follows: I do hereby forever ratease and discharge tne State of Storie, Age: Administration, its agents, representatives and ettoracys of and Gorn ali ciaims, Csorwuds, ations and causes of action, losses and expenses from any or all of tha ficte oF cireuznsiyicss wich pod | rige to the legal actions generated by the deficiency cited by ine Agency for Administration upon Joseph L. Morse Geriatric Center on Jung 26, 2000, wor only in chese proceedings, but in any other suits or charges filed of which may cs Sied in env gedaral, siete ov local agency or court relating to these facts or circumstances whotouwvur. Me 2% heesin hall preclude me from defendiag my license la any invostigntion, court of adininigesnive gorum of aaa 12/84/2008 13:23 4977499574 GOLDSMITH & GROUT PAGE 95 vsices ig L Liao RUM MORSE GERIATSTC CTR, se1éasass), 1. 8g Os fe bats, ts appeal thereto and seeking to recover attorney's fees and costs from the Board of Medicine in defense of myself as it relates to any action brought against nis by the Board of KMedicine I BZFORE ME, the undersigned authority, personally apyeared J uergen Bineau, te. who is personally known to me, onwheaeproducod the foie Wine TeOAGE ions. on this yy day of December, 2000. | rf j pra JUERGEN BLUDAU, Mx - Dibsen @PSBLICATATS OF FLQRIDE Aa Rioleas : RGA ot Fite \ g 057 Com, “ey aseny | %. v4 hd jie Com. os. sem gg Meee bed My Commission Expires: “Hedi aooe aa ~~ nesney O STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JOSEPH L. MORSE GERIATRIC CENTER, INC., Petitioner, vs. Case No. 00-3362 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ww SS SS SS SNS SS ; ORDER CLOSING FILE This cause having come before the undersigned on the | ‘parties! Joint Motion to Dismiss, filed December 5, 2000, and the undersigned being fully advised, it is, therefore, | ORDERED that: 1. The parties' Joint Motion to Dismiss is granted, and the final hearing in this cause scheduled for February 23, 2001, is hereby cancelled. - 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed.

Docket for Case No: 00-003362