STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION “AY IT 99 AGENCY FOR HEALTH CARE DEraRtMeee ADMINISTRATION, TMENT CLERK Petitioner, AHCA No.: 2001071461 DOAH No.: 02-0041 g Vv. REGENTS PARK AT AVENTURA, INC., ia al d/b/a REGENTS PARK AT AVENTURA, - . t Rave Respondent. (lo / FINAL ORDER Having reviewed the Notice of Intent letter dated October 19, 2001, and all other matters of record, the Agency for Health Care Administration (“Agency”) finds and concludes as follows: FINDINGS OF FACT 1. The Agency issued a Notice of Intent to impose a conditional licensure status effective August 17, 2001 as a result of a survey completed August 17, 2001. During this survey, one (1) Class II deficiency was cited as follows: (a). Regents Park at Aventura failed to ensure for one cognitively alert and oriented resident that an assessment was sufficiently comprehensive to identify the resident as at risk for a sentinel event. 2. The Respondent was served with a Notice of Intent letter on August 17, 2001 by U.S. Certified Mail, return receipt requested. The Respondent was advised of its right to request an administrative hearing and was provided with an Election of Rights form and an Explanation of Rights form. The Respondent selected Option (3) within the Election of Rights, disputing the allegations of fact contained in the Notice of Intent letter and requesting a formal administrative hearing. Subsequently, the Respondent withdrew its request for a hearing. 3. The facts as alleged and found, establish that: A conditional license is imposed as of August 17, 2001 as a result of a survey completed on August 17, 2001. Regents Park at Aventura is in violation of 59A-4.109(1)(c), Florida Administrative Code giving rise to a conditional license pursuant to Section 400.23(7)(b), Florida Statutes. CONCLUSIONS OF LAW 1. The Agency has jurisdiction over Respondent pursuant to the provisions of Chapter 400, Part II, and Section. 120.569, Florida Statutes (2001). 2. As alleged in the Notice of Intent letter, the Respondent is in violation Chapter 59A-4.109(1)(c), Florida Administrative Code and Section 400.23(7)(b), Florida Statutes. 3. The Respondent submitted a Notice Of Voluntary Dismissal and expressly waived its right to a Formal Administrative Hearing 4. A Fina! Order adopting the allegations and conclusions set forth in the Notice of Intent letter and imposing the sanction is sought. Based on the foregoing findings of fact and conclusions of law, it ORDERED: 1. The Respondent's licensure status as Conditional is upheld. DONE and ORDERED this Hay of Yate $$. 2002 in Tallahassee, Leon County, Florida. Rhonda M. dig ip, Secretary Agency for Health Care Administration 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: Alba M. Rodriguez, Esq. Assistant: General Counsel Agency for Health Care Administration 8355 NW 53” Street Miami, Florida 33166 (Interoffice Mail) 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!) (Interpffice Mail) - Michael M. Parrish Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Allen Garfinkel Administrator Regents Park at Aventura 18905 N. E. 25 Avenue Aventura, Florida 33180 (U.S. Certified Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) by U.S. Certified Mail, or the method designated, on this the i day of Mi , 2002. ( Vou © Virginia Daire, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865

Docket for Case No: 02-000041