Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: AYINTOVE ASSOCIATES, LLC, D/B/A HARMONY HEALTH CENTER
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Aug. 04, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 15, 2004.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA _
AGENCY FOR HEALTH CARE ADMINISTRATION'S |
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
AHCA Nos: 2004005979
vs.
DOAH No: 05-2719
AYINTOVE ASSOCIATES, LLC, d/b/a
HARMONY HEALTH CENTER,
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FINAL ORDER “oo,
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, finds
and concludes as follows:
It is ORDERED that:
1. 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 its terms.
2. Ayintove Associates, LLC, d/b/a Harmony Health Center shall
pay a late fee of $3,750.00 to the Agency within 30 days of the entry
of the Final Order. The payment is due and payable within thirty (30)
days of the date of rendition of this Order.
3. Checks should be made payable to the “Agency for Health
Care Administration.” The check, along with a reference to this Case
number, should be sent directly to:
Jean Lombardi
Agency for Health Care Administration
Office of Finance & Accounting
2727 Mahan Drive, Mail Stop #14
Tallahassee, FL 32308
4. The above-stated fine shall be subject to statutory interest,
and may be collected by all methods legally available if unpaid within
the 30-day time frame.
5. The above styled case is hereby dismissed.
DONE and ORDERED this -25day of Sian ;
2005, in Tallahassee, Leon County, Florida.
a bobht. Ductile
Alan Levine, Secretary a?
Agency f ealth 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 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)
Jean Lombardi
Finance & Accounting
Agency for Health Care Administration
2727 Mahan Drive Mail Stop Code #14
Tallahassee, Florida 32308
(Interoffice Mail)
Theodore E. Mack, Esq.
Powell & Mack
803 North Calhoun Street
Tallahassee, Florida 32308
(U.S. Certified Mail)
Nelson E. Rodney
Assistant General Counsel
Agency for Health Care Administrator
8350 NW 52™ Terrace, Suite #103
Miami, Florida 33166
(Interoffice Mail)
Hon. Stuart M. Lerner
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(U.S. Mail)
Wendy Adams
Intake
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was mailed
aan
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to the above-named addressees on this 22" day of
2005.
Lo > a
Richard Shoop, Agency Clerk
Agency for Health Care
Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32303
(850) 922-5873
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION Fil EN
AGENCY FOR HEALTH CARE ms
ADMINISTRATION, 2005 JUN 29 p 225
Petitioner, AHCA No.: 2004005979 iVISign GF
DOAH No: 04-2719 ADMINISTRATIVE
v. HEARINGS
AYINTOVE ASSOCIATES, LLC, d/b/a
HARMONY HEALTH CENTER,
Respondent.
/
STIPULATION AND SETTLEMENT AGREEMENT
Petitioner, State of Florida, Agency for Health Care
Administration (hereinafter the “Agency”), by and through
their undersigned representatives, and Ayintove Associates,
LLC, d/b/a Harmony Health Center (hereinafter “Harmony Health
Center”) pursuant to Section 120.57(4), Florida Statutes
(2004) each individually, a “party”, collectively as
“parties,” hereby enter into this Stipulation and Settlement
Agreement (“Agreement”) and agree as follows:
WHEREAS, Harmony Health Center is a skilled nursing
facility licensed pursuant to Chapter 400, Part II, Florida
Statutes (2004) and Chapter 59A-4, Florida Administrative
Code, (2004); and
WHEREAS, the Agency has jurisdiction by virtue of being
the regulatory and licensing authority over assisted living
facilities pursuant to Chapter 400, Part II, Florida Statutes;
and
WHEREAS, the Agency served Harmony Health Center with a
notice of intent to impose late fine on June 29, 2004
notifying the party of its intent to impose a late fee of
$5,000.00 for a late filed application; and
WHEREAS, Harmony Health Center requested a formal
administrative hearing in a petition to the Agency on July 12,
2004; 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, Harmony
Health Center agrees to a withdrawal of its Petition 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 alli
writs of relief in any court or quasi-court (DOAH) of
competent jurisdiction.
4. Upon full execution of this Agreement, Harmony
Health Center agrees to pay Three Thousand Seven Hundred Fifty
Dollars ($3,750.00) in administrative fines to the Agency
within 30 days of the entry of the Final Order.
5. Venue for any action brought to enforce the terms of
this Agreement or the Final Order entered pursuant hereto
snall lie in the Circuit Court in Leon County, Florida.
6. Harmony Health Center neither admits nor denies the
allegations in the notice of intent to impose late fee. The
Agency agrees that it will not impose any further penalty
against Harmony Health Center as a result of the alleged late
filed application, however, no agreement made herein shall
preclude the Agency from imposing a penalty against Harmony
Health Center for any other application that is filed late.
ivr)
7. 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 case.
8. Each party shall bear its own costs and attorney
fees.
9. This Agreement shall become effective on the date
upon which it is fully executed by all the parties.
10. Harmony Health Center for itself and for its related
or resulting organizations, its successors 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 Harmony
Health Center or related facilities.
11. This Agreement is binding upon all parties herein
and those identified in the aforementioned paragraph eight
(10) of this Agreement.
12. The undersigned have read and understand this
Agreement and have authority to bind their respective
principais to it.
13. This Agreement contains the entire understandings
and agreements of the parties.
14. This Agreement supercedes any prior oral or written
agreements between the parties.
15. 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 enter into this Agreement.
Chae b&b Lie Ze
Elizabéth Dudek Theodore E. Mack, Esq.
Depu Secretary Attorney for
Division of Health Quality Harmony Health Center
Assurance. Powell & Mack
Agency for Health Care 803 North Calhoun Street
Administration Tallahassee, Florida 32308
2727 Mahan Drive
Tallahassee, Florida 32308
Dated: Hine 45 OOS Dated: Seyler
William Roberts
Acting General Counsel
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
Dated: ofa
wa
Docket for Case No: 04-002719
Issue Date |
Proceedings |
Jun. 29, 2005 |
Final Order filed.
|
Oct. 15, 2004 |
Order Closing File. CASE CLOSED.
|
Oct. 14, 2004 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Aug. 13, 2004 |
Order of Pre-hearing Instructions.
|
Aug. 13, 2004 |
Notice of Hearing by Video Teleconference (video hearing set for October 22, 2004; 9:00 a.m.; Miami and Tallahassee, FL).
|
Aug. 12, 2004 |
Joint Response to Initial Order (filed via facsimile).
|
Aug. 05, 2004 |
Initial Order.
|
Aug. 04, 2004 |
Petition for Formal Administrative Hearing filed.
|
Aug. 04, 2004 |
Notice of Intent to Impose Late Fine 2004005979 filed.
|
Aug. 04, 2004 |
Notice (of Agency referral) filed.
|