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JUPITER MEDICAL CENTER HOME HEALTH vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-001161 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001161 Visitors: 39
Petitioner: JUPITER MEDICAL CENTER HOME HEALTH
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Jupiter, Florida
Filed: Apr. 01, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 16, 2003.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA 5 AGENCY FOR HEALTH CARE ADMINISTRATION?® JUPITER MEDICAL CENTER HOME HEALTH. PETITIONER. vs PEPAS O3 -/tee/ CASE NO: 2003000252 “RE - cho STATE OF FLORIDA AGENCY FOR HEALTH CARE RENDITION NO AHCA-O2 GEG sole ADMINISTRATION, ON NO ANCADS- FOF -S-OLC RESPONDENT °o / eet Bo Bx FINAL ORDER Bet wf BA Fort The Agency for Health Care Administration, having entered into a Joint a oooh & C3 oar - wo Stipulation and Settlement Agreement with the parties to these proceedings, and bei eng. - en co 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 / 7day of pens! Tallahassee, Leon County, Florida , 2003, in Cb CABLL. Niche Rhonda M. Medows, MD, Secret: Agency ealth Care Administtation’ 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: Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Richard Saliba, Esq. Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) Janet B. Martin, Administrator Jupiter Medical Center Home Health 10094 West Indiantown Road Jupiter, FL 33478 (U.S. Mail) Jean Lombardi Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Wendy Adams (Interoffice Mail) “DOH 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. Mail, or the method designated, on this the Qc) dayof_ pel , 2003. - _ rn Chae ee oO foe Lealand McCharen, Agency Cler' Agency for Health Care Administration 2727 Mahan Drive, Building #3, MS #3 Tallahassee, Florida 32308-5403 (850) 922-5873 PAGE 43 P.@2 e+ O4/9b/ 2003 17282 56174352833 HOME HEALTH ARPA“ BAGS 19:37 STATE OF FLORIDA 93 APR 24 4 AGENCY FOR HEALTH CARE ADMINISTRATION Diy 9: pg. Vireo oo TJPTCER, MEDICAL CENTER HOME HEALTH ys PETITIONER me VS CASE NO: 2003000252 ae STATE OF FLORIDA AGENCY FOR HEALTH CARE . . 7 ADMISISTRATION RESPONDENT / STIPULATION AND SETTLEMENT AGREEMENT Respondent, Agency for Health Care Administration (hereinafter the "Agency") through theit undersigned representatives, and JUPITER MEDICAL CENTER HOME HEALTH {hersinatter "Petitioner") pursuant to Sec. 120,57(4), Florida Statutes each individually, a ‘party, collectively as "parties," hereby enter into this Stipulation and Settlement Agreement ("Agreement") aad agree as follows: WHEREAS, JUPITER MEDICAL CENTER HOME HEALTH, is a home health agency hieensed unvicr Florida law; WITEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing aulhority over JUPITER MEDICAL CENTER HOME HEALTH; WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of tbs dispute would avoid the expenditure of substantial sums to litigate the dispute; and WAREREAS. the parties have negotiated and agreed that the best interest of all the parties wi by served by @ settiement of this proceeding; and MOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties livendug to be legally hound, agree as follows: { All recitals are true and correct and are expressly incorporated herein. 64/81/2683 17:82 5617435833 HUME HEALTH S og * APR-Gi--2BAI3 16:37 a. Both parties agree that the "whereas" clauses incorporated herein are binding t findings of the parties, Respondent herein agrees to rescind the late fine imposed in the above referenced matter in the amount of Five Hundred Dollars. Upon full execution of this Agreement, rescinding the late fine imposed, Respondent agrees to a. withdrawal of its Request for Formal Hearing; agrees to waive compliance with the form of the Fina] Order (findings of fact and conclusions of law) to which it may be entitled inciuding, 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, 4 Floricla Ssatutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of . competent junsdiction. Provided, however, that no agreement herein, shall be deemed a waiver . ¢ by sither party of its right to judicia] enforcement of this stipulation. 7 3. Upon fil) execution of this Agreement, the Agency shall enter a Final Order i alopting and incorporating the terms of this Agreement and dismissing the above-styled case. | 4 Fach party shall be responsible for its’ own costs and attorney fees and each releases the other from any lability related to and involving the imposition of the late fine. 7, This Agreement shall become effective on the date upon which it is fully executed by ail the parties. 3. The undersigned have read and understand this Agreement and have authority to hind then respective principals to jt. ® This Agreement contains the entire understandings and agreements of the patties. aD) This Agreement supercedes any prior oral or written agreements between the parves, Fela yD JL (44322 neem AcALIM Poa 11. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The following representatives hereby acknowledge that they are duly authorized to entet into this Agreement. LCL Ay, ined arti, Wl rributtiaser Nek Ms Janet Martin as Administrator ; ¥, 10094 W Indiantown Road he Nv. ( Jupiter F] 33478 i Health QO sity Assurance DATED: oles {04 mh i Aueney for Health Care Adiinisiralion page wren hh CLL lan Se Valda Clack Christian Agency for Health Cate Administration in 2727 Mahan Drive - Tallahassee FL. 3238 IMaTED: lee ted ie Geeta TOTRL PL G4

Docket for Case No: 03-001161
Source:  Florida - Division of Administrative Hearings

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