STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION BAY CREST NURSING CENTER, f Oo fF [- 4 alr * ane) Petitioner, y (| ‘ane AC be AHCA CASE NO: fso201405172002006971 Vv. RENDITION NO.: AHCA-O2- -S-OLC AGENCY FOR HEALTH CARE ADMINISTRATION Oo r . Respondent. Ge A _ ee co oom ! Meo mt Boe, TE ww ge f FINAL ORDER PEE 2 roo) Having reviewed the file and other matters of record, the Agency for Health Care Administration (“Agency”) finds and concludes as follows FINDINGS OF FACT The Agency issued a notice of intent to deny license for failure to 1. provide an original leased nursing home surety bond for 30 months of coverage. This notice of intent to deny is dated February 22, 2001 2. The Agency issued another notice of intent to deny license for failure to provide an updated Medicaid lease surety bond. This notice of intent to deny is dated February 28, 2002. Petitioner filed a Request for Formal Administrative Hearing 3. 4. Subsequently, the parties agreed to resolve this matter as follows: Petitioner agreed to tender the sum of $17,326 and Respondent concurrently agreed to issue renewal licenses 5. On or about date of November 21, 2002, Petitioner tendered the sum of $17,236. 5. On or about date November 25, 2002, the Long Term Unit issued renewal licenses. Based on the foregoing findings of fact and conclusions of Jaw, it is ORDERED: 1. That the issuance of the payment of $17,326 and the concurrent renewal of the licenses renders the matter moot. DONE and ORDERED this // day of Bk&aemfet.., 2002 in Tallahassee, Leon County, Florida. ecretary ealth Care Administratio Rhonda M. Agency f 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. Copies furnished to: Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Gloria Collins Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Wendy Adams Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) W David Watkins, Esquire Watkins & Caleen PA 1725 Mahan Drive Suite 201 Tallahasssee, Fl 32308 Selyniatemie bean Unage Dc tl CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the | \ day of 1 Dove? Yee , 2002. / ’ 4 \ (bg Wee dt pep yn) 4-€Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 “\ce- SED STATE OF FLORIDA ~iAHCA % Mg a & AGENCY FOR HEALTH CARE ADMINISTRATION c, Ns s) JEB BUSH, GOVERNOR RHONDA M. MEDOWS, MD, FAAFP,: HARY ? 4, ie hie Sod Ay so) So AUS ” November 21, 2002 CA PS 2 OD tp, “gs / AGN Waa SLE W. David Watkins, Esq. Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Tallahassee, FL 32308 Re: Bay Crest Nursing Center: 2001 and 2002 Licensure Renewal; DOAH Case No. 01-2813 (2001) and AHCA Case No. 200201405 (2002) Dear Dave: This will confirm the settlement agreement reached between AHCA and Bay Crest Nursing Center in the above-captioned litigation. These cases relate to Bay Crest’s licensure renewal applications for 2001 and 2002, and the requirement that Bay Crest include a Medicaid surety lease bond with its applications. Specifically, pursuant to Section 400.179(5)(d)2, Florida Statutes, AHCA has agreed to accept payment of a 2% non-refundable fee in lieu of a surety lease bond, and such fee is to be calculated based upon the difference between the required surety bond amount and the actual amount of the surety bond in place. The parties agree that the amount of the non-refundable fee for the 2001 renewal is $4,080.00 and for the 2002 renewal is $13,246.00, for a grand total of $17,326.00. for both years. Accordingly, upon receipt of this payment and in consideration of the payment of $17,326.00 from Bay Crest, AHCA will immediately withdraw its Notice of Intent to Deny Bay Crest’s licensure renewal applications for 2001 and 2002, and will issue those licenses, Each party will bear its own attomeys fees and costs stemming from this litigation. Sincerely, Christine T. Messana, Esq. Senior Attorney, AHCA ce: Denise Lasko, Medicaid; Jim Kemp, LTC Licensure Bay Crest Nursing Center acknowledges and accepts the delineated terms set forth within the attached Correspondence of November 20, 2002. By Sigteg Mov _2l W. David Watkins, Esq. As counsel for Bay Crest Nursing Center Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Tallahassee, FL 32308 2727 Mahan Drive * MS #3 Building #3 Visit AHCA Online at Tallahassee, FL 32308 www fdie.state.fl.us Tallahassee, FL 32308 LOMPL 2002. 0140s STATE OF FLORIDA @ LASG 002 0 j 4osy ’ Bo inp wheade te Y FOR HEALTH CARE ADMINISTRATION RHONDA M. MEDOWS, MD. FAAFP, SECRETARY CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7099 3400 0013 8446 6345 February 28, 2002 Carolyn Friday, Administrator Bay Crest Nursing Center 361 Transmitter Road Panama City, FL 32404 22% WW Lt 380 20 NOTICE OF INTENT TO DENY (#200201405) Dear Ms. Friday: It is the decision of this Agency that the Nursin Crest Nursing Center is DENIED. & Home License renewal application for Bay 1) Pursuant to section 400.179(5)(d), Florida Statutes (F.S.), an updated Medicaid Lease Surety Bond. you were requested to provide You were notified in writing on January 30, 2002, to provide this additional information. To date, this information has not been received. EXPLANATION OF RIGHTS Pursuant to section 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in 2727 Mahan Drive « Mail Stop #33 Visit AHCA online at www fdhe.state fl.us section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. SEE ENCLOSED EXPLANATION OF RIGHTS AND ELECTION OF RIGHTS FORMS incerely, 2 Program Manager Molly McKins' Long Term Care Unit Health Facility Regulation Enclosures ce: Agency Clerk, MS 3 Field Office 2 Jim Kemp, LTC Unit File, LTC Unit Wendy Adams, FDAU 82/28/2001 88:47 8587479992 BAY CREST NURSING PAGE a2 Compt. 300200647 CASE 400200677 ————S STATE OF FLORIDA HCA AGENCY FOR HEALTH CARE ADMINISTRATION JEB BUSH, GOVERNOR RUBEN J, KING-SHAW, JR, EXECUTIVE OIRECTOR BP WD. ifayfox February 22, 2001 CERTIFIED MAIL | RETURN RECEIPT REQUESTED #709934000013844633 82 Barbara Pelt, Administrator Bay: Crest Nursing Center vd 3611 Transmitter Road . oi Panama-City;-FL:32404 . cr - NOTICE OF INTENT TO DENY 7 i It is the decision of this Agency that the Nursing Home License renewal application for Bay Crest Nursing Center is DENIED. ¢ Pursuant to Section [400.179 (5d) 3] F.S. you were requested to provide an original Leased Nursing Home Surety Bond for 30 months of coverage. + You were notified in writing February 1, 2001 to provide these documents by February PA) 32001. You have not provided these documents. ; : 5 5). EXPLANATION OF RIGHTS | ' ‘ a4 Pursuant to Section 120.569, Florida Statutes, (F.S.) you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative : hearing must conform to’ the requirements in Section 28-1(6.201, Florida Administrative.Code.. . (F.A.C), and must state the niaterial facts you dispute. oa c : a | * If you do not dispute any issues of material fact (you admit them), you will be afforded an informal hearing under Section 120.57(2), F.S. At an informal hearing, you will be given an Opportunity to present both written and oral evidence to reduce the peualty being imposed for the violations set out in the Notice of Intent. | Mediation under Section 120.573, F.S. is not available in this matter. ' i ali. vet i ( i pote 2727 Mahan Deive » Mail Stop #33 Tallahassee, FL 32308 7987479992 BAY CREST NURSING . PAGE 83 [ i i I \ All requests for hearings shall be filed with the Agency within twenty-one (21) days of receipt of this letter. Failure to request a hearing will result in the entry of a final order denying the application. Any request shall be sent to: { Chris Messana, Esquire ; Staff Attomey | 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 wg cr ve eo Pledse include a copy of this Notide of Intent with the request. Sincerely, bo Molly McKinstry Program Manager Long Tenn Care Unit it Health Facility Regulation . | ‘Chris Messana-MS-3 CC: Jim Kemp : | Area Office 2 | |

Docket for Case No: 01-002813