Petitioner: ORCHARD RIDGE NURSING CENTER CORPORATION, D/B/A HARBORSIDE HEALTHCARE-GULF COAST AND HARBORSIDE HEALTHCARE LIMITED PARTNERSHIP
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: New Port Richey, Florida
Filed: Jul. 13, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 15, 2001.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH H CARE ADMINST Tion JAN -4& 02
HHCI LIMITED PARTNERSHIP, d/b/a Whe
HARBORSIDE HEALTHCARE-SARASOTA and
HARBORSIDE HEALTHCARE LIMITED
PARTNERSHIP WEST BAY NURSING CENTER
~ CORPORATION, d/b/a HARBORSIDE HEALTH
CARE-TAMPA BAY AND HARBORSIDE .
HEALTHCARE LIMITED PARTNERSHIP HHCI
LIMITED PARTNERSHIP, d/b/a HARBORSIDE
HEALTHCARE-NAPLES AND HARBORSIDE
HEALTHCARE LIMITED PARTNERSHIP SUNSET
POINT NURSING CENTER CORPORATION, d/b/a
HARBORSIDE HEALTHCARE-CLEARWATER
HARBORSIDE HEALTHCARE LIMITED
PARTNERSHIP, ORCHARD RIDGE NURSING :
_ CENTER CORPORATION, d/b/a HARBORSIDE :
HEALTHCARE-GULF COAST & HARBORSIDE - ;
HEALTHCARE LIMITED PARTNERSHIP,
Petitioner, ee (OF ®
a re ~- CASENO. 01-2774, 01-2775,
01-2776, 01-2777,
01-2778"
.. VS.
0001 -S- MDA
"AGENCY FOR HEALTH CARE wo ieee cage ‘ I
_ ADMINISTRATION, Oe a
: 2p end ad . ae ‘ . E
‘
'
_Respon ent.
foe
lb i ca
cha
-Harborside Healthcare LP
Kelly A. Bennett
- WF. Quattlebaum
Division of Admini:
- The DeSoto
Finance & Accounting
DONE AND ORDERED on this the <1 day of Ghuiinea, 2002, in
Tallahassee, Florida.
Rhonda M. Medows, MD, Setretary
DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE
AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. .
REVIEW 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.
Copies Furnished to:
George Judware
One Beacon Street, 11" Floor
Boston, MA 02108 :
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
oad
SR RE RNR PN MERE eS ean
Administrative Law Judg .
ive Hearings
The DeSoto Building
1230 Apalachee Parkway ©
Tallahassee, Florida 32399-3060 ;
John Owens, Chief .
Medicaid Program Analysis
Via Interoffice Mail“
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the above named addresses by U.S. Mail on this the 4 day of G | ene, | , 20028,
} eels pauitecss
SorAgency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(850) 922-5865
ci lk Nl tt
ie all
aka il iil
le ie
bed
VYuITUe "UL TUE US'4/ AN
OCT-81-2001 19:18 AGENCY FOR HEALTH CARE AD 854 41s vais
a) L ao Le
STATE OF FLORIDA a
DIVISION OF Apna TRnEARINES
iy
HHCI LIMITED PARTNERSHIP, D/B/A AGME
HARBORSIDE HEALTHCARE-SARASOTA
AND HARBORSIDE HEALTHCARE LIMITED
PARTNERSHIP WEST BAY NURSING CENTER
CORPORATION, d/b/a HARBORSIDE
HEALTAHCARE-TAMPA BAY AND HARBORSIDE
HEALTHCARE LIMITED PARTNERSHIP
HYICI LIMITED PARTNERSHIP, d/b/a =; ©
HARBORSIDE HEALTHCARE-NAPLES .
AND HARBORSIDE HEALTHCARE
LIMITED PARTNERSHIP SUNSET POINT NURSING
CENTER CORPORATION, d/b/a
HARBORSIDE HEALTHCARE ~ CLEARWATER
HARBORSIDE HEALTHCARE LIMITED
PARTNERSHIP, ORCHARD RIDGE NURSING
CENTER CORPORATION, d/b/a HARBORSIDE
' HEALTHCARE ~ GULF COAST &
HARBORSIDE HEALTHCARE LIMITED
PARTNERSHIP, meee
: "Petitioners, :
~~ <01-2776, 01-2777,
ee 04-2778 oO
Judge: _ -W.F, Quattlebaum
AGENCY FOR HEALTH CARE.
ADMINISTRATION,
pee wees
Case Nos: 04-2774, 01-2775,
call
a Ce
contained within this agreement.
5 Bach party shall bear its own attorneys’ fees and costs, if any.
6 The signatories to this Agreement, acting ina representative capacity, represent
that they are duly authorized to enter into this Agreement on behalf of the
respective parties. Furthermore, Petitioners agrees that theit signature alone binds
them to the terms of this agreement, and constitutes a an n agreement to ‘allow "AHCA °
"to file a motion with the Court to cancel the hearing i in this matter, _
7 The parties further agree that a facsimile or photooopy reproduction of this ~
"agreement with Petsioners ‘signature shal be sufficient for AHCA to enforce the ees
nm eageege e
oe
ann:
|
|
|
4
, OCT-02-01 TUE 08:48 At FAK NO. 3 B 05
ocT-@i-2a01 14:11 AGENCY FOR HEALTH CARE AD 854 415 3515 revo
i iia,
10 ° This is an Agreement of settlement and compromise, made in recognition that the
parties may have different or incorrect understandings, information and
" contentions, as to facts and law, and with each party compromising and settling
. any potential correctness or incorrectness of its understandings, information and
contentions as to facts and law, so that no misunderstanding or misinformation
shall be a ground for rescission hereof.
1 1 Petitioners expressly waives i in this matter its right to any hearing pursuant to
F sections 120. 569 or 120. 5, Florida Stantes, the making of findings of fact and .
‘ , conclusions of law by the Agency, and all further and other proceedings to which |
it may be entitled by law or mles of the Agency regarding this proceeding and any
; and all issues raised herein. Petitioners further agree that it shall not challenge or
cr ce ee er
‘contest st any Final Orde entered i in a this matter which is consistent with the terms of
ce rer
fren re
oe
aa,
ake
OCT-@1-2061 10:11 AGENCY FOR HEALTH CARE AD 85@ 413 9313 P.@6
15 __ All times stated herein are of the essence of this Agreement.
16. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
Dated: Celober 2 2001
, Harborside Healthcare”
Petitioner/Provider
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3 :
Tallahassee, FL 32308-5403 k
Pow
Bob Sharpe co
Medicaid Director
Teed dia eaten ee
“Wi fam Rob a S
: Acting General Counsel
RE Sr ee ERR RR ETT eS re eT eo et
eile.
_ UeT~Ue-U1 TUE 849 AM FAK NO, 3 — P. Of
QCT-@1-2601 10:11 an
AGENCY FOR HEALTH CARE AD WOU 419 Soie
STATE OF FLORIDA
September 28, 2001
> Ms, Fran aputo
Harborside Healthcare, LP.
One Beacon Street 11" Floor
Boston, MA. 02108
Re Harborside December Jl, [997 Medicaid sudit appeals
Dear Fran:
Thave listened to the concerns raised about the audit reports in questions and lave examined (he
workpapers in response to these concerns, Based upon my review, previous correspotidence and telephone
conversations, itis my understanding that we have reached an agreement to sctile based upon the proposed
changes to the audit reparis as outlined below.
The tecmis of this letter arc for set(lemenl purposes only. The assertions made herein arc notte be”
considered admissions on the part of the Agency’. This letter should not be considered a sett}emeitt
document unless incorporated into a semlement document.
The Agency will agres to make the following changes (a the audit reports in oxchanee 6 for the dismissal
with prejudice of dhe related audit appeals. .
orsi 1 (i ast YE D per At. 1987
=O ter __Y/E December 31, 1997
AGENCY FOR HEALTH CARR RBADSINISERATION
&
Some arene nee
TR Er RET omg
J CERES RET IPR aR “T RTE REMIT ER tr ream ep ese em ApEn .
St aren ae ee a
dike ak
oa
oe bill,
UCT-U2-U1 TUE 08:49 AM FAK NO. 3
OCT-O1-20@1 1:11 AGENCY FOR HEALTH CARE AD
. Page2
a ide Heal = r 7
Ait Report AIE #12, Adnistracve home oie allocation ia the amoust of (2,727), wl be removed
36).
a
Audit Report AIE £13, OTC drugs, will be revieed from $(12,402) to
Hartorsido Healthcare ~ Tampa Bay _ V/E December 31,1997
Audit Report ATE # 19, Public Relalions, will be revised from 3(14,140) to 5(9,431).
Audit Report AIE #24, Adminiswative home office allocation, in the amount of, $(2,790), wilt be removed,
_ AudicReport AJE #35, Monigage interésr, i ia ‘the amount af s6 470), will be removed,
Audit Repout AIE #36, Interest - ~ amortization, fn, the amount of. 41), will be removed.
ce At such time tha an agreement stat been reached and a joint Sipaiaion of settlement has beon signed, the
“above noted audit reports will be revised and reissued lo reflect all appropriate chanese necesrttated by te
_ Rereement.
cree oe
aaa
Serr peerage
a th ee ee
Docket for Case No: 01-002778
Issue Date |
Proceedings |
Jan. 07, 2002 |
Final Order filed.
|
Oct. 15, 2001 |
Order Closing File issued. CASE CLOSED.
|
Oct. 02, 2001 |
Settlement Agreement (filed by Respondent via facsimile).
|
Oct. 02, 2001 |
Motion to Cancel Hearing and Relinquish Jurisdiction (filed by Respondent via facsimile).
|
Jul. 31, 2001 |
Unopposed Motion for Continuance (filed by Respondent via facsimile).
|
Jul. 26, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-002774, 01-002775, 01-002776, 01-002777, 01-002778)
|
Jul. 23, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Jul. 23, 2001 |
Notice of Hearing issued (hearing set for September 21, 2001; 9:30 a.m.; New Port Richey, FL).
|
Jul. 16, 2001 |
Initial Order issued.
|
Jul. 13, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jul. 13, 2001 |
Notice of Medicaid Cost Report Audit Completion filed.
|
Jul. 13, 2001 |
Notice (of Agency referral) filed.
|