STATE OF FLORIDA a 1 } AGENCY FOR HEALTH CARE ADMINISTRATION ! opie bey + AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. JOAN C. LINDSAY, OWNER, d/b/a ALTERNATIVE CARE III Respondent. AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. JOAN LINDSAY ALTERNATIVE CARE II Respondent. a | AHCA No.: DOAH No.: AHCA No.: DOAH No.: RENDITION NO.: AHCA No.: DOAH No.: FINAL ORDER OSFEB-6 PHI2:27 2002016641 02-2011 2002004201 02-2498 AHCA-03-0068-S-OLC Sb chad 2001037681 02-2741 The Agency for Health Care Administration, having entered into a Joint Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: The attached Joint Stipulation and Settlement Agreement is approved and adopted as a part of this Final Order and the parties are directed to comply with the terms of the Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. DONE and ORDERED this 2&Xay of Licht , 200x in Tallahassee, Leon County, Florida. Rhonda M. Agency for edows, MD, Secretary ealth Care Administrati 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Alba M. Rodriguez Assistant General Counsel Agency for Health Care Administration 8355 N. W. 53™ Street Miami, Fl 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 and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Wendy Adams Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Florence S. Rivas Administrative Law Judge Division of Administrative Hearing 1230 Apalachee Way Tallahassee, Florida 32399 (U.S. Mail) Helene Cohen Rose, Esq. Sachs, Sax & Klein, P.A. Attorney for Respondent Northern Trust Plaza - Suite 4150 301 Yamato Road Boca Raton, Florida 33431 (U.S. Certified Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this & day of Meco, 2002. | Chiko U rw. yak pct rm) 4C%-Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 ces) STATE OF FLORIDA - i L £ D AGENCY FOR HEALTH CARE ADMINISTRATION 2:21 AGENCY FOR HEALTH CARE aeuyoneed CF ADMINISTRATION, ential TRATIVE Petitioner, AHCA No.: DOAH No.: 02-2011 v. AHCA No.: 2002004201 JOAN C LINDSAY, OWNER d/b/a DOAH No.: 02-2498 ALTERNATIVE CARE III, Respondent. AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, v. AHCA No.: 2001037681 DOAH No.: 02-2741 JOAN LINDSAY’S ALTERNATIVE CARE II, Respondent. STIPULATION AND SETTLEMENT AGREEMENT yPetitioner, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”) through their undersigned representatives, Joan C. Lindsay, owner d/b/a Alternative Care III and Alternative Care II (hereinafter “Alternative Care”) pursuant to Sec. 120.57(4), Florida Statutes (2001) each individually, a “party”, collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, Alternative Care are assisted living facilities, both licensed pursuant to Chapter 400, Part III, Florida Statutes (2001), and Chapter 58A-5, Florida Administrative Code, (2001); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over assisted living facilities pursuant to Chapter 400, Part III, Florida Statutes; and WHEREAS, the Agency served Alternative Care III with an administrative complaint [AHCA No.: 2002004201] on April 11, 2002, notifying the party of its intent to impose an administrative fine of $2,000.00 for two (2) Class III violations cited by the Agency on survey conducted November 28, 2002 with the following deficiencies: a. On Count I, Alternative Care III failed to ensure that all funds held by the prior licensee were transferred to the current licensee. This is in violation of Rule 58A- 5.014(2) (c), Florida Administrative Code carrying an assessed fine of $1000.00. b. On Count II, Alternative Care III failed to return a deceased resident’s security deposit to the personal representative of the deceased resident. This is in violation of Section 400.427(7), Florida Statutes and carries an assessed fine of $1,000.00. WHEREAS, the Agency served Alternative Care III with a Notice of Intent to Deny letter, dated March 13, 2002 [AHCA No.: 2002016641], for applicant’s failure to meet minimum licensure standards based on failure to provide proof that all resident funds on deposit were transferred at the time of transfer of ownership pursuant to Section 58A-5.014(2)(c) and for failing to return a deceased resident’s security deposit pursuant to Section 400.427(7), Fla. Stat. WHEREAS, the Agency served Alternative Care II with an administrative complaint [AHCA No.: 2001037681] on August 1, 2001 (amended on September 12, 2001), notifying the party of its intent to impose an administrative fine of $10,000.00 for one Class I violation cited by the Agency as a result of a complaint investigation on May 30, 2001. The allegations were as follows: a. Alternative Care failed to provide access to adequate health care to one resident who did not receive treatment for pressure sores. WHEREAS, Alternative Care III denied and disputed all allegations made by AHCA against it and requested a formal administrative hearing in a petition to the Agency dated March 26, 2002 for AHCA No.: 2002016641; and on April 19, 2002 for AHCA No.: 2002004201. Additionally, Alternative Care II denied and disputed all allegations made by AHCA against it and we requested a formal administrative hearing in a petition to the Agency on October 10, 2001 for AHCA No.: 2001037681; and WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this proceeding; and NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows: 1. All recitals are true and correct and are expressly incorporated herein. 2. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 3. Upon full execution of this Agreement, Alternative Care agrees to a withdrawal of its Petitions for Formal Administrative Proceedings; agrees to waive any and all appeals and proceedings; agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. 4. The Agency agrees that prosecution of AHCA case Nos. 2002016641, 2002004201 and 2001037681 is no longer warranted, and therefore the issues are moot as to these cases. As part of this agreement the Agency withdraws and rescinds the Notice of Intent to Deny letter denying applicant’s ALF license. 5. Each party shall bear its own costs and attorney fees. 6. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and dismissing the above-styled cases with prejudice. 7. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 8. Alternative Care II and Alternative Care III for itself and for its related or resulting organizations, its succéssors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any Claims arising out of this agreement, by or on behalf of Alternative Care or related facilities. 9. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph nine (8) of this Agreement. 10. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. ll. This Agreement contains the entire understandings and agreements of the parties. 12. This Agreement Supercedes any prior oral or written agreements between the parties. 13. This Agreement may not be amended except in writing, assigned, by Alternative Care and related facilities, its successor, or any resulting organization. Any attempted assignment of this Agreement by or related facilities shall be void, 14. The parties agree that AHCA is authorized to and shall submit a final order adopting and incorporating the terms and conditions of this settlement agreement without notice of hearing and that this settlement agreement shall be attached to the Final Order. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Elizab&th Dudek Deputy Stcretary Agency f6r Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: [H/o LL fp Valda Christian General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: LLEEf C3 tet If Te Joan Lindsay Administrator Alternative Care II and Alternative Care III 1763 N. W. 85 Drive Coral Springs, Florida 33065 Dated:

Docket for Case No: 02-002741