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: Dec. 27, 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.
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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
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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 ~ ;
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_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
)
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)
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_ 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
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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
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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.
|