Petitioner: HEALTH CENTER OF HUDSON, INC., D/B/A BAYONET POINT HEALTH AND REHABILITATION CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: LAWRENCE P. STEVENSON
Agency: Agency for Health Care Administration
Locations: Orlando, Florida
Filed: Apr. 27, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 18, 2001.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE hamster 2 29
HEALTH CENTER OF
NAPLES, INC., d/b/a THE
ARISTOCRAT, et al.,
Petitioner,
vs.
AGENCY FOR HEALTH
CARE ADMINISTRATION
Respondent.
bere} i -
DOAH Case Nos. 01-1149,
01-1601
01-1654, 01-1655
01-1656
RENDITION NO. AHCA-01-156~S-MDR
FINAL ORDER
This cause came before me for the purpose of issuing a final-agency order, it
appearing from the Settlement Agreement and Order Closing File, attached and
incorporated herein, that there are no remaining disputed issues of fact or law.
FINDINGS OF FACT
1. On June 11, 2001, a Settlement Agreement between the parties was
2.‘ There are no remaining disputed i issues of fact or law.
The Division’s case file on this matter was closed by order dated June 18, 2001. -
titioners case against the Agency. On June 12, 2001, a
jon of A Administrative Hearings.
_ CONCLUSIONS OF LAW
"The Agency has jurisdiction over ‘the parties and subject matter pursuant to
Section 120. 57, Fla, Stat. 2000) The parties are directed to comply with the terms of the
Settlement and Dismissal. The petition is dismissed and the file is closed this 27th day of
June, 2001.
a
Popes
Laura Branker
Acting Secretary
Agency for Health Care Administration
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY
OF A NOTICE OF APPEAL WITH THE AGENCY CLERK, 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 THE
RENDITION OF THE ORDER TO BE REVIEWED.
Copies Furnished to:
Lawrence P. Stevenson John Owens
Administrative Law Judgi ; Program Analysis
DOAH - AHCA, Bldg. #3
1230 Apalachee Parkway 2727 Mahan Drive
Tallahassee, FL 32399-3060 Tallahassee, FL 32308
~. Steven Grigas, Esquire
AHCA, Bldg. #3
«2727 Mahan Drive oa. —
: “Pallahassee, FL 32308" SAStcha basta Migs ikl, Vat utenti an + Aaa SEES E Le
Michael Bittman, Esquire
Gray, Harris & Robinson, P.A.
301 East Pine Street, Suite 1400 ©
PO Box 3068
Orlando, FL 32801
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
‘?
furnished to the above named addressees by U.S. Mail on this the way day of
And _, 2001.
RS. sd
Agency Clerk
State of Florida
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THE HEALTH CENTER OF
NAPLES, INC., d/b/a
THE ARISTOCRAT,
Petitioner,
vs. CASE NO. 01-1149
AGENCY FOR HEALTH
CARE ADMINISTRATION,
Respondent.
/
THE HEALTH CENTER OF
HUDSON, INC., d/b/a
BAYONET POINT HEALTH &
REHABILITATION CENTER,
Petitioner,
vs. CASE NO. 01-1601
AGENCY FOR HEALTH
CARE ADMINISTRATION,
Respondent. .
/
THE HEALTH CENTER OF
LAKE CITY, INC., d/b/a HEALTH
CENTER OF LAKE CITY,
ease ‘Petitioner,
vs. CASE NO. 01-1654
AGENCY FOR HEALTH
CARE ADMINISTRATION,
. Respondent. ~
; /
THE HEALTH CENTER OF
PLANT CITY, INC., d/b/a THE
HEALTH CENTER OF PLANT
CITY,
Petitioner,
vs. CASE NO. 01-1655
AGENCY FOR HEALTH
CARE ADMINISTRATION,
Respondent.
THE HEALTH CENTER OF
PORT CHARLOTTE, INC.,
d/b/a CHARLOTTE HARBOR
HEALTHCARE,
Petitioner,
vs. CASE NO. 01-1656
AGENCY FOR HEALTH
CARE ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
“This settlement agreement is entered ‘into by and between ‘the Agency for Health Care
Administration (CAHCA”), Petitioners, and Steven A. Strawn.
1. By change of ownership ("CHOW") effective on October 1, 2000, Petitioners became the .
new license holders for five leased skilled nursing facilities involved in these cases. Atall | !
times material to this proceeding the five facilities were certified for and did participate in
the F lorida Medicaid: program.
!
:
:
=:
. AHCA is an executive agency of the State of Florida designated by law as the single state agency
responsible for administering the Florida Medicaid program, including the establishment of
reimbursement rates for skilled nursing facilities.
. Under Medicaid, skilled nursing facilities, such as those involved in this proceeding, are
reimbursed for their services to eligible recipients pursuant to the Florida Title XIX Long-Term
Care Reimbursement Pian (“Plan”), which has been incorporated by reference as arule. See Fla.
Admin. Code R. 59G-6.010.
. Incomputing the reimbursement rates, AHCA determined that Petitioners were a "related party"
to the prior operator of the centers and denied a rate increase due to the CHOW. Under the
Plan, skilled nursing facilities may be entitled to an increase in their per diem rates when a
CHOW occurs. AHCA\'s decision to deny Petitioners’ rate increases, dated January 24, 2001,
March 8, 2001, March 19, 2001, and March 27, 2001, statalin part “The reimbursement rate for
your facility will be based on the existing rate in effect for the previous related party
owner/operator..."
. Petitioners filed petitions challenging AHCA’s determinations of "related party" status and
computation of reimbursement rates for the five facilities. Petitioners contend they are unrelated
to the prior operators of the facilities and should receive higher reimbursement rates in
accordance with the Plan.
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. The parties have conducted extensive discovery and trial preparation. The parties have also
‘entered into settlement negotiations and, as a result of those negotiations, the parties desire to :
resolve these consolidated cases without further litigation and expense pursuant to the following
terms and conditions.
. Asa part of the aforementioned negotiations, discovery, and trial preparation, the Petitioner
advised AHCA by letter dated J une 1, 2001, attached and incorporated herein by reference as
composite exhibit A, that the rate increase will be used to continue staffing and quality of care
above the required State minimums. Due to significant increases in the State minimum staffing
requirements beginning January 1, 2002, Petitioners and the similarly situated facilities will at
least meet the requirements, and may exceed the requirements if necessary to meet the needs of
the residents.
. In consideration of the foregoing and for other good and valuable consideration, AHCA,
Petitioners and Steven A. Strawn agree as follows:
a) For the five facilities at issue in these cases, Petitioners represent and warrant that
all outstanding debt owed by Petitioners to National Healthcare Corp. (“NHC”), other
than obligations under the various operating and furniture, fixtures and equipment
leases, has been satisfied. As evidence of the satisfaction of Petitioners’ debts to
NHC, Petitioners have attached to this agreement true and correct copies of the
following:
i. May 2001 letters from NHC to Petitioners confirming satisfaction of the
“outstanding debts (composite exhibit B);
ii. Petitioners’ adjustment promissory notes marked “paid in full” by NHC
(composite exhibit C); and
iti. Schedules showing dates and amounts paid by Petitioners to NHC with the
resulting zero balances (composite exhibit D).
b) Pursuant to AHCA’s request, Petitioners have agreed to cancel their working capital
notes and personal guarantees with NHC, even though no borrowings under the notes
4
ke
have occurred. Attached as composite exhibit E are letters ‘from NHC confiming
cancellation of Petitioners’ working capital notes and personal guarantees.
c) The parties recognize that there are seven similarly situated facilities leased by
corporations related to Petitioners, namely The Health Center of Imperial, Inc. (DOAH
Case No. 01-1922); The Health Center of Coconut Creek, Inc. (DOAH Case No. 01-
1923); The Health Center of Merritt Island, Inc. (DOAH Case No. 01-1931 ); The Health
Center of Daytona Beach, Inc. (no DOAH case pending as yet); The Health Center of
Orlando, Inc. (no DOAH case pending as yet); The Health Center of Pensacola, Inc. (no
DOAH case pending as yet); and The Health Center of Stuart, Inc. (no DOAH case
pending as yet). Steven A. Strawn, the sole director of the above-referenced
corporations, agrees that all outstanding debt owed by the seven similarly situated
facilities to NHC, other than the leases, will be satisfied no later than June 15, 2001, and
that documentation similar to that specified in {J 8a and b above will be submitted to
AHCA for each of the seven similarly situated facilities by that date.
d) AHCA agrees to recompute the reimbursement rates of Petitioners and the seven
similarly situated facilities from October 1, 2000, to the present, as unrelated party
\ ICA agrees further to pay Petitioners and the seven similarly situated
e) Petitioners and Steven A. Strawn, on behalf of the seven similarly situated facilities, 7 7
A
~ Specifically reserve their rights to challenge AHCA’s rate computations to ensure that
they are proper and in accordance with this settlement agreement and the Plan.
OER genre es me oo
f) Upon execution of this settlement agreement, Petitioners and the similarly situated |
facilities shall dismiss their petitions with prejudice.
g) All parties and the similarly situated facilities will bear their own fees and costs
associated with these proceedings, but Petitioners and the similarly situated facilities may
claim their attorney’s and accountant’s fees and costs in the appropriate cost reports,
subject to the Plan. |
8. This settlement agreement may be executed in counterparts and sent via facsimile each of which
shall constitute an original, but all of which together shall constitute one and the same
instrument.
STIPULATED AND AGREED to the date of the last dated signature ‘below.
THE PETITIONERS,
THE HEALTH CENTER OF NAPLES, INC.,
d/b/a THE ARISTOCRAT; THE HEALTH
CENTER OF HUDSON, INC., d/b/a
BAYONET POINT HEALTH &
REHABILITATION CENTER; THE
HEALTH CENTER OF LAKE CITY, INC.,
d/b/a HEALTH CENTER OF LAKE CITY;
THE HEALTH CENTER OF PLANT CITY,
INC., d/b/a THE HEALTH CENTER OF
PLANT CITY; THE HEALTH CENTER OF __
‘PORT CHARLOTTE, INC, “d/b/a
“ CHARLOTTE HARBOR HEALTHCARE, Py u baal fot
mee ; : AEL J. BIETMAN-
Mond Bar No. 0347132.
Gray, Harris & Robinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068 ;
. Orlando, FL 32802- 3068
/ a (407) 843-8880 Telephone
(615) 217-2324 Telephone (407) 244-5690 Facsimile
(615) 217-2326 Facsimile Attomeys for Petitioners
7
Date_G//t/ 2001 Date: &) 2001
6/7
6
"THE RESPONDENT,
AGENCY FOR HEALTH
CARE ADMINISTRATION
Bob Sharpe
Neu, See Medicaid
Rey Fea
Talal
, 2001
Date:
Senior Attorney
Agency for Health Care Administration
* 2727 Mahan Drive
Fort Knox II, Suite 3431
Tallahassee, FL 32308-5403
(850) 921-0056 Telephone
(850) 413-9313 Facsimile
Date: LC LL , 2001
J ALLAGH
General Counsel
“Agency for Health Care Administration
2727 Mahan Drive
Fort Knox HI
Tallahassee, FL 32308
(850) 922-5873 Telephone
Date: Lf {uf , 2001
ult Pall
FOR THE SEVEN SIMILARLY SITUATED
FACILITIES,
THE HEALTH CENTER OF IMPERIAL,
INC.; THE HEALTH CENTER OF
COCONUT CREEK, INC.; THE HEALTH
CENTER OF MERRITT TSLAND, INC.;
THE HEALTH CENTER OF DAYTONA
BEACH, INC.; THE HEALTH CENTER OF
ORLANDO, INC.; THE HEALTH CENTER
OF PENSACOLA, INC.; THE HEALTH
CENTER OF STUART, INC.
By: 47
STEVEN A. STRAWN, Sole Director
421 W. College Street
Murfreesboro, TN
(615) 217-2324 Telephone
(615) 217-2326 Facsimile
Date: G/& , 2001
Docket for Case No: 01-001601
Issue Date |
Proceedings |
Jun. 29, 2001 |
Final Order filed.
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Jun. 18, 2001 |
Order Closing File issued. CASE CLOSED.
|
Jun. 12, 2001 |
Notice of Withdrawal of Petition (01-1656) (filed via facsimile).
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Jun. 12, 2001 |
Notice of Withdrawal of Petition (01-1655) (filed via facsimile).
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Jun. 12, 2001 |
Notice of Withdrawal of Petition (01-1654) (filed via facsimile).
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Jun. 12, 2001 |
Notice of Withdrawal of Petition (01-1601) (filed via facsimile).
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Jun. 12, 2001 |
Notice of Withdrawal of Petition (01-1149) (filed by Petitioner via facsimile).
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Jun. 08, 2001 |
Notice of Cancellation of Deposition (of Agency representative) filed via facsimile.
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Jun. 07, 2001 |
Petitioner`s Notice of Service of Executed Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
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Jun. 05, 2001 |
Petitioner`s Supplemental Exhibit List (filed via facsimile).
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Jun. 04, 2001 |
Petitioners` Request for Official Notice (filed via facsimile).
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May 31, 2001 |
Petitioner`s Motion for Determination of Burden of Proof filed.
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May 23, 2001 |
Petitioners` Amended Exhibit List (filed via facsimile).
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May 23, 2001 |
Petitioner`s Amended Witness List (filed via facsimile).
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May 23, 2001 |
Agency Amended Exhibit (filed via facsimile).
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May 22, 2001 |
Petitioner`s Response to Motion to Compel (filed via facsimile).
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May 21, 2001 |
Respondent`s Motion to Compel Deposition Duces Tecum and Response to Petitioner`s Objection to Notice of Taking Deposition Duces Tecum (filed via facsimile).
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May 21, 2001 |
Petitioner`s Objection to Notice of Taking Deposition Duces Tecum (filed via facsimile).
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May 16, 2001 |
Letter to judge Stevenson from M. Bittman regarding request for subpoenas (filed via facsimile).
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May 15, 2001 |
Amended Notice of Taking Deposition Duces Tecum (filed via facsimile).
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May 14, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-001149, 01-001601, 01-001654, 01-001655, 01-001656)
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May 09, 2001 |
Order of Pre-hearing Instructions issued.
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May 09, 2001 |
Notice of Hearing issued (hearing set for July 10, 2001; 9:00 a.m.; Orlando, FL).
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May 08, 2001 |
Notice of Appearance for Petitioner (filed by M. Bittman via facsimile).
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May 08, 2001 |
Response to Initial Order (filed by Respondent via facsimile).
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Apr. 30, 2001 |
Initial Order issued.
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Apr. 27, 2001 |
Request for Hearing filed.
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Apr. 27, 2001 |
Related Party Change of Operator filed.
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Apr. 27, 2001 |
Notice (of Agency referral) filed.
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