STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CONSULTING, MANAGEMENT, AND EDUCATION, INC., d/b/a SURREY PLACE CONVALESCENT CENTER OF BRADENTON Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Respondent. JS CONSULTING, MANAGEMENT, AND - EDUCATION, INC., d/b/a SURREY PLACE CONVALESCENT CENTER OF LECANTO, Petitioner, ‘ vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION Respondent. FINAL ORDER se AHCA no. 2002007781 As S (a > me = DOAH Case no. 01-2505 ES D AHCA Case no. 03-01-0040-NH THE PARTIES resolved all disputed issues and executed a stipulation and Atvserad ex camnhe uith + prem af tha settlement agreement, which is attached and incorporated by reference. The parties are the foregoing, the file is CLOSED. tinyhitinn and slamant agreement. Based on ae rae Florida. FLORIDA APPELLATE RULES. WITHIN 30 DAYS OF RENDITION Copies furnished to: Michael O. Mathis, Esquire Legal Section (by Inter-office Mail) i Molly McKinstry + (HQAYNH) Wyinter office Mail) Lealand Agence (by éhteroffice Mail) Ella Jane P. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Analaches Park-oae Taliahassee, Florida 32399-3060 (by U.S. Mail) DONE and ORDERED this day Legation in Tallahassee, Rhonda M. edows, MD, Secretary _ State of Florida, Agency for Health Care Administ Counsel for Petitioner Alfred W. Clark, Esquire 117 S. Gadsden, Suite 201 Post Office Box 623 Tallahassee, Florida 32301 (by U.S. Mail) Gloria Collins, ‘: * Finance & Accounting Mail Stop #14 (by Inter-office Mail) Wendy Adams’s Legal Intake Unit (by interoffice Mail) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been served on the above named persons by the indicated means of delivery on this 7 day of PRAT YS, 2002. Leluddlnsdly. Lealand McCharen, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3402 Fort Knox Building III Tallahassee, FL 32308-5403 a (850) 921-8177 BEFORE THE STATE OF FLORIDA &, ED AGENCY FOR HEALTH CARE ADMINISTRAGT 0p CONSULTING, MANAGEMENT, AND bj, 4:9 4 0 te 5 EDUCATION, INC., d/b/a MMe 8! 0 SURREY PLACE CONVALESCENT HEAR TRA» CENTER OF BRADENTON, Mey! (vi Petitioner, vs. AHCA Case No. 2002007781 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent . CONSULTING, MANAGEMENT, AND EDUCATION, INC., d/b/a SURREY PLACE CONVALESCENT CENTER OF LECANTO, Petitioner, vs. DOAH Case No. 01-2505 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent . - ee STIPULATION AND SERTLEMENT AGREEMENT 4 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ' Petitioners, SURREY PLACE CONVALESCENT CENTER OF LECANTO and SURREY PLACE CONVALESCENT CENTER OF BRADENTON, and Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION, pursuant to Section 120.57(4), Florida Statutes, enter into this Stipulation and Settlement Agreement and agree as follows: WHEREAS AHCA is the Florida state agency with jurisdiction and authority over skilled nursing facilities pursuant to Chapter 400, Florida Statutes; and WHEREAS, Petitioners are applicants for renewal of their licenses as a skilled nursing facilities; and WHEREAS, AHCA, has given notice of its intent to deny Petitioners' applications for license renewal due to failure to supply the "lease bond" referred to by Section 400.179, Florida Statutes; and WHEREAS, Petitioners have requested formal administrative hearings to contest AHCA's proposed action; and WHEREAS, Petitioners have obtained lease bonds effective April 19, 2002, for SURREY PLACE CONVALESCENT CENTER OF LECANTO, and effective April 15, 2002, for SURREY PLACE CONVALESCENT CENTER OF BRADENTON; and WHEREAS, applications for change of ownership were filed for hoth facilities on April 19, 2002; and WHEREAS, the parties have negotiated and agreed that the best interests of all Parties will be served by a fair, efficient, and cost effective resolution of this, dispute, ' NOW, THEREFORE, Petitioner and AHCA agree as follows: 1. Execution of this Stipulation and Settlement Agreement by Petitioners shall constitute withdrawal of their Petitions for Formal Administrative Proceedings, which withdrawal shall become effective upon full execution of this Stipulation and Settlement Agreement py AHCA. 2. AHCA agrees that, upon Payment of the fees provided in Paragraph 3 herein, the license renewal applications for both SURREY PLACE CONVALESCENT CENTER OF LECANTO and SURREY PLACE CONVALESCENT CENTER OF BRADENTON which AHCA had Proposed to deny shall be deemed to be approved without further action. 3. Petitioners agree that they shall, in accordance with Section 400.179(9) (d)2., Florida Statutes, pay the two percent (2%) fee which shall be calculated ona Pro rata basis determined by the number of months elapsing between the date that the license for each facility would have. expired and the date that the facility obtained its lease bond. For SURREY PLACE CONVALESCENT CENTER OF BRADENTON, the fee shall be $890.00. For SURREY PLACE CONVALESCENT CENTER OF LECANTO, the fee shall be $10,120.00. 4, AHCA shall enter a Final Order adopting and incorporating N the terms of this Stipulation and Settlement Agreement and dismissing Petitioners! Petitions, Paragraph 3 herein, AHCA shall approve the applications for change of Ownership of SURREY PLACE CONVALESCENT CENTER OF BRADENTON and SURREY PLACE CONVALESCENT CENTER OF LECANTO with an effective date of June 1, 2002. Issuance of a Final Order igs not necessary for amorovel of the senlinstiane fav Channa Af ovmarshin, 6. Each party shall bear its own costs and attorneys fees. 7. Except as provided herein, this Stipulation and Settlement Agreement shall become effective on the date upon which it is fully executed by all parties. 8. SURREY PLACE CONVALESCENT CENTER OF BRADENTON and SURREY PLACE CONVALESCENT CENTER OF LECANTO for themselves and for their related or resulting organizations, their successors or transferees, attorneys, heirs, and executors and 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 AHCA's proposed denial of Petitioners’ applications for license renewal, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including claims arising out of this Agreement, by or on behalf of SURREY PLACE CONVALESCENT CENTER OF BRADENTON and SURREY PLAGE CONVALESCENT CENTER OF LECANTO or related facilities, 9. The undersigned have read and understand this agreement and have authority to bind their respective principals. 10. This agreement contains the entire understanding and parece ef the nasrtdes ena surarcadad mes eeiar oral agreement regarding AHCA's proposed action. 11. This agreement May not be amended except in writing. DATED this —