Petitioner: NEW RIVIERA NURSING AND REHABILITATION CENTER, LLC
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Apr. 12, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 11, 2006.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA :
AGENCY FOR HEALTH CARE ADMINISTRATION
NEW RIVIERA NURSING AND
REHABILITATION CENTER,
Petitioner,
vs.
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
FINAL ORDER
2b YA Th ay
DOAH No. 06-1270CON
AHCA No. 2006002617
CON No. 9906
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The Agency for Health Care Administration (“AHCA”), having entered
into a Settlement Agreement with Petitioner New Riviera Nursing and
Rehabilitation Center (“New Riviera”), and being-otherwise well-advised in the
premises, finds as follows:
It is ORDERED that:
1.
The Settlement Agreement is attached hereto and made a part
hereof. The parties are directed to comply with the terms of the Settlement
Agreement.
2.
AHCA hereby approves the issuance of CON Application No. 9906
to New Riviera to establish a 234 bed skilled nursing facility, with the
conditions that the specific site of the facility will be 6901 Yumari Street,
Miami, Florida 33146, and a minimum of twenty-two percent (22%) of total
annual patient days will be for Medicaid residents.
3. The above referenced case is hereby closed.
-
DONE and ORDERED this | day of dunt , 2006, in
Lb firex>
Alan Levine, Secretary
Agency for Health Care Administration
Tallahassee, Leon County, Florida.
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, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF
THE ORDER TO BE REVIEWED.
Copies furnished to:
Elizabeth Dudek,Deputy Secretary R. Bruce McKibben, Jr., Esq.
Managed Care and Health Quality Assurance Attorney for Petitioner
Agency for Health Care Administration 3520 Thomasville Road #200A
2727 Mahan Drive, Bldg.3, MS 9 Tallahassee, Florida 32309
Tallahassee, Florida 32308
(Interoffice Mail)
Sandra E. Allen, Senior Attorney Janice Mills
Agency for Health Care Administration Intake Unit, Bldg. 3 MS 3
2727 Mahan Drive, Bldg. 3, MS 3 (Inter-office Mail)
Tallahassee, Florida 32308
(Interoffice Mail)
N
David M. Maloney
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Final Order was served
on the above-named person(s) and entities by U.S. Mail or the method
designated on this /7* day of _— Jame , 2006.
Richard J. Shoop, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Bldg. 3, MS 3
Tallahassee, Florida 32308
iy
PER & DORE PAs LOMITA OP dun Lub idn-4a rele
FILED
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS 70h JUN Ib A th 23
NEW RIVIERA NURSING AND BIVIS|ON OF
REHABILITATION CENTER, ADMINIST Ral WE
DOAE Case No, 06:1270CON ‘HEARINGS
Petitioner, AHCA Case No, 2006002617
Vs. CON No, 9906
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
SETTLEMENT AGREEMENT
Respondent, State of Florida, Agency for Health Care Administration (hereinafter the
“Agency”) through their undersigned representatives, and Petitioner, New Riviera Nursing and
Rehabilitation Center (hereinafter “Petitioner’), pursuant to Subsection. 120.57(4), Florida
Statutes (2005) each individually a “party” and collectively as “parties” hereby enter into this
Settlement Agreement (“Agreement”) stating as follows:
WHEREAS, New Riviera Nursing and Rehabilitation Center is an applicant for a
certificate of need to build and operate a 234-bed skilled nursing facility in Miami, Dade County,
FL; and
WHEREAS, the Agency has jurisdiction by virtue of being the regulatory authority
responsible for the review and approval of certificate of need applications, pursuant to Section
408.035, 120.569 and 120.57, Florida Statutes (2005); and
WHEREAS, the Agency served Petitioner published a notice in the March 10, 2006
Florida Administrative Weekly, notifying the Petitioner of its intent to deny CON application
No. 9906 based upon perceived architectural concerns, and
WHEREAS, the Petitioner challenged the preliminary denial of its CON application; and
WHEREAS, the Petitioner has provided AHCA with clarifying information to the
submitted architectural plans which would alleviate the Agency’s concerns; 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
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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, Petitioner agrees to a withdrawal of its
Petition for a formal administrative proceeding; agrees to waive any and all appeals and
proceeding; 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) Florida Statutes (2005), a formal proceeding under
Subsection 120.57(1) Florida Statutes (2005), appeals under Section 120.68 Florida Statutes
(2005); and declaratory and all writs of relief in any court or quasi-court (DOA) of competent
jurisdiction.
4. Upon full execution of this Agreement, AHCA agrees to issue a Final Order
granting CON No. 9906 to New Riviera Nursing and Rehabilitation Center for a 234-bed skilled
nursing facility with the following conditions appearing on the CON:
a. The specific site of the facility will be 6901 Yumuri Street, Miami, FL 33146.
b. A minimum of twenty-two percent (22%) of total annual patient days will be
for Medicaid residents.
5. Venue for any action brought to enforce the terms of this Agreement or the F inal
Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida.
6. Petitioner and Respondent agree to the terms of this Agreement and the
signatories below have full authority to bind the respective parties to the Agreement.
7. Upon full execution of this Agreement, the Agency shall enter a Final Order
adopting and incorporating the terms of this Agreement and closing the above-styled case.
8. Each party shall bear its own costs and attorney’s fees.
9. This Agreement shall become effective on the date upon which it is fully executed
by al} the parties.
COOPER & BYRNE Faxt1-850-S35-91rU Jun i ‘Ub Lordy P.U4
10. New Riviera Nursing and Rehabilitation 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 attomeys 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 adrainistrative forum, including any claims arising out of this agreement, by or on behalf of
Petitioner or related facilities.
11. This Agreement is binding upon all parties herein and those identified in the
aforementioned paragraph (10) of this Agreement.
12. The undersigned have read and understand this Agreement and have authority to
bind their respective principals to it.
13. This Agreement contains the entire understandings and agreements of the parties.
14. This Agreement supersedes 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.
ld
R. Bruce McKibben, Jr. ES ire
Division Health Quality Assurance Attomey for Petitioner
Agency for Health Care 3520 Thomasville Road #200A
Administration . Tallahassee, aii 32309
DATED: DATED: _o{UOl,
Christa Calamas en, Esq.
General Counsel Agetcy for Health Care
Agency for Health Care Administration
Administration 2727 Mahan Dr.Bldg.3, MS #3
Tallahassee, FL. 32308
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Docket for Case No: 06-001270CON