Elawyers Elawyers
Washington| Change

ORCHARD RIDGE NURSING CENTER CORPORATION, D/B/A HARBORSIDE HEALTHCARE-GULF COAST AND HARBORSIDE HEALTHCARE LIMITED PARTNERSHIP vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-002778 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002778 Visitors: 25
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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer