STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION gE ea ayy WESTCHESTER GARDENS REHABILITATION AND CARE CENTER, Petitioner, DOAH NO. 04-0529 PROVIDER NO. 020201100 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE came before me for issuance of a Final Order on a determination letter issued on December 31, 2003, regarding Petitioner’s interim rate request. By the determination letter, the Agency for Health Care Administration (“AHCA” or “Agency”), informed the Petitioner that the Agency intended to deny Petitioner’s interim rate request. The determination letter provided full disclosure and notice to the Petitioner of procedures for requesting an administrative hearing to contest the denial. The Petitioner filed a petition with the Agency requesting a formal administrative hearing. The Agency transmitted Petitioner’s hearing request to the Division of Administrative Hearings for conduct of a formal administrative hearing. The Petitioner, through its representative, then withdrew the petition for formal administrative hearing and the motion was granted by the Administrative Law Judge on April 22, 2004, and jurisdiction of the case relinquished by the Division to the Agency. FINDINGS OF FACT The Petitioner received the determination letter that gave notice of Petitioner’s right to an administrative hearing regarding the denial of its interim rate request. The Petitioner filed a petition requesting an administrative hearing, and then caused that petition and the administrative hearing to be DISMISSED. Petitioner chose not to dispute the facts set forth in the determination letter dated December 31, 2003. The facts alleged in the determination letter are hereby deemed admitted. The Agency hereby adopts the facts set forth in the determination letter. CONCLUSIONS OF LAW The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the determination letter dated December 31, 2003. The admitted facts support the legal conclusion that the Petitioner’s interim rate request should be denied. Based on the foregoing, it is ORDERED AND ADJUDGED that the Petitioner's interim rate request is DENIED. The Petitioner’s request for an administrative hearing is hereby DISMISSED. DONE AND ORDERED this 7% day of Bugusr 2006, in Tallahassee, Florida. 1 r CHRISTA CALAMAS, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served to the following named addressees by U.S. Mail this Za Gay of A Ag aL —— , 2006. Sy RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 Copies Furnished to: William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Ronald J. Schwartz 100 Second Avenue South, Suite 1200 St. Petersburg, Florida 33701 Anthony L. Conticello, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Lisa Milton Administrator of Audit Services Medicaid Program Analysis State of Florida, Agency for Health Care Administration 2727 Mahan Drive, MS 21 Tallahassee, Florida 32308

Docket for Case No: 04-000529