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CONSULTING MANAGEMENT AND EDUCATION, INC., D/B/A GULF COAST NURSING AND REHABILITATION CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-003071 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003071 Visitors: 14
Petitioner: CONSULTING MANAGEMENT AND EDUCATION, INC., D/B/A GULF COAST NURSING AND REHABILITATION CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: St. Petersburg, Florida
Filed: Aug. 02, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 10, 2001.

Latest Update: Oct. 06, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMENT SAITO LED Or 19 Qagenegy . ~ STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner HEA , HEARINGS vs. oc AHCA NO. 05-01-0210-NH GULF COAST NURSING AND REHABILITATION CENTER, Respondent. CONSULTING, MANAGEMENT, AND EDUCATION, INC., d/b/a GULF COAST NURSING AND REHABILITA TION CENTER, Petitioner, Case No. 01-3071 LEQ Unb vs. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, . ‘ Respondent. mew we ww YS YS we ww ww Ye we Ye ww YH wr rw roe wee ww FINAL ORDER The Agency for Health Care Administration having entered into a stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: The attached Stipulation and Settlement Agreement is approved and adopted as part of this Final Order and the parties RENDITION NO.: AHCA-01-272-S-OLC Sr ne A EAS SESE EESEESE ’ are directed to comply with the terms of the Stipulation and “ay . Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with the terms of the Stipulation and Settlement Agreement. DONE and ORDERED this i day ve Spl be- 2001, in Tallahassee, Leon County, Florida. i t Agency for Health Caré’ 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 THE AGENCY FOR HEALTH CARE ADMINISTRATION (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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE . FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED ho ss. WITHIN THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. , Copies furnished to: _ Michael P. Sasso, Esquire Agency for Health Care Administration —— - $25 Mirror Lake Drive North, Suite 3106" Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 é f i I i Facility File Agency for Health Care Administration 525 Mirror Lake Drive North Sebring Building, Suite 410A St. Petersburg, Florida 33701 Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Wendy Adams Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Alfred W. Clark, Esquire Attorney for Respondent Post Office Box 623 Tallahassee, Florida 32302 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to the above-named people by U.S. Mail of Interoffice Mail, this | 6 LEaay of Qakabsr _, 2001. _DIAI 5 S, Agency Clerk Agency for Health Care ~ Administration 2727 Mahan Drive Ft. Knox Bldg. #3 Tallahassee, FL 32308 (850) 922-5873 ~ ; og ed cre enmepee ® _ADMINISTRATION, EE - STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, GULF COAST NURSING AND REHABILITATION CENTER, ) ) ) vs. : ) Case No. 05-01-0210-NH ) ) ) ) _ Respondent. ) } CONSULTING, MANAGEMENT, AND EDUCATION, INC., d/b/a GULF COAST NURSING AND REHABILITA- TION CENTER, Petitioner, vs. Case No. 01-3071 AGENCY FOR HEALTH CARE ) ) ) ) ) ) ) ) ) ) ) ) 7 ) Respondent . ) ) STIPULATION AND SETTLEMENT AGREEMENT CONSULTING, “MANAGEMENT , “AND EDUCATION, INC. 1 d/b/a GULF COAST NURSING AND REHABILITATION CENTER ("GULF COAST") and STATE OF FLORIDA AGENCY ‘FOR HEALTH CARE ADMINISTRATION ("AHCA") , purduant to Section 120. 57(4), Florida Statutes, enter into this ‘Stipulation authority over skilled nursing | facilities pursuant to , Chapter 400, Florida Statutes; and a pastel WHEREAS, AHCA notified GULF COAST of its intent to assign a Conditional license effective June 4, 2001; and oops en Same eS WHEREAS, GULF COAST requested a formal administrative hearing to contest AHCA's proposSéd action; and WHEREAS, AHCA issued an Administrative Complaint proposing a civil penalty in the amount of $5,000; and WHEREAS, GULF COAST requested a formal administrative hearing to contest AHCA's Administrative Complaint; 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, GULF COAST and AHCA agree as follows: 1. Upon full execution of this Stipulation and Settlement Agreement, GULF COAST agrees to withdraw its Petition for Formal Administrative Proceedings in DOAH Case No. 01-3071 and its Petition for Formal Administrative Proceedings in AHCA Case No. 05-01-0210-NH. 2. GULF COAST agrees to pay and AHCA agrees to accept in full and complete settlement of this matter the sum of $3,750, which sum shall be paid within 30 days of notification to GULF COAST that a final order adopting this Stipulation and Settlement Agreement has been entered. 3. Each party incorporates their pleadings by reference. . 4. AHCA shall enter a Final Order adopting and incorporating the terms of this Stipulation and Settlement BAR PAAR rie eo eae wal 5. Each party shall bear its own costs and attorneys fees. 6. This Stipulation and Settlement Agreement shall become effective on the date upon which it is fully executed by all parties. 7. * The undersigned have read and understand this agreement and have authority to bind their respective principals. a. This agreement contains the entire understanding and agreement’ of the parties and supersedes any prior oral agreement regarding AHCA's proposed action. 9. This agreement may not be amended except in writing. DATED this -< day of , 2001. ALFR W. CLARK, Esquire 117 South Gadsden St., #201 . Post Office Box 623 (32302) Tallahassee, Florida 32301 -Telephone: 850/224-6161 Florida Bar No. 117914 * Health Quality GENCY FOR HEALTH CARE ADMINISTRATION :2727 Mahan Drive Tallahassee, FL 32308 | mt ws ww (‘4 WILLIAM ROBERTS Acting General Counsel AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Tallahassee, FL 32308 i

Docket for Case No: 01-003071
Issue Date Proceedings
Oct. 19, 2001 Final Order filed.
Sep. 10, 2001 Order Closing File issued. CASE CLOSED.
Sep. 06, 2001 (Joint) Agreed Motion for Remand filed.
Aug. 30, 2001 Respondent`s First Request for Production of Documents filed.
Aug. 30, 2001 Notice of Service of Interrogatories filed by Respondent.
Aug. 24, 2001 AHCA`s First Interrogatories to Petitioner filed.
Aug. 21, 2001 Notice of Hearing issued (hearing set for October 11 and 12, 2001; 9:00 a.m.; St. Petersburg, FL).
Aug. 21, 2001 Order of Pre-hearing Instructions issued.
Aug. 14, 2001 Joint Response to Initial Order filed.
Aug. 03, 2001 Initial Order issued.
Aug. 02, 2001 Notice of Intent to Assign Conditional Licensure Status filed.
Aug. 02, 2001 Petition for Formal Administrative Hearing filed.
Aug. 02, 2001 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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