FILED STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION —-F*=3.25 02 AH EMERALD POINTE MEDICAL, INC. pepar MEN CLERK d/b/a EMERALD POINTE > Petitioner, Dud « ( f vs. Case No. 01-4075 : STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Don W. Davis, attached hereto, closing the file, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. Emerald Pointe Medical, Inc. d/b/a Emerald Pointe (Petitioner) is a licensed skilled nursing facility (license #SNF1035096 certificate number 7484) effective August 17, 2001 through February 28, 2002, located at 115 Hart Street, Niceville, FL 32578, required to comply with Chapter 400, Part Il, Florida Statutes, (2001), and Chapter 59A-4 Fla. Admin. Code. 2. The Agency for Health Care Administration (Agency) is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing skilled nursing facilities pursuant to Chapter 400, Part IJ, Florida Statutes, (2001), and Chapter 59A-4 Fla. Admin. Code. Teen eee PPO TNE FEO IRET IOT RT OFF ORR OT EERE re 3. On September 5, 2001, the Agency filed its Notice of Intent to Assign ‘Conditional Licensure Status effective August 17, 2001 as a result of the survey conducted on that date. -4, On October 2, 2001, Petitioner filed a Petition for Formal Administrative Hearing to contest the imposition of the conditional license. 5. On January 11, 2002, Petitioner filed a Notice of Voluntary Dismissal. 6. On January 11, 2002, Administrative Law Judge Don W. Davis entered an Order Closing the File. 7. The Agency hereby adopts and incorporates by reference the attached the Notice of Intent to Assign Conditional Licensure Status. (Attachment #1) 8. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. (Attachments #2 and #3). CONCLUSIONS OF LAW 9. There are no remaining disputed issues of fact or law. 10. Pursuant to Section 400.23(7)(b), Florida Statutes, (2001), the Petitioner’s Conditional License was effective as of August 17, 2001. IT IS ORDERED THAT: 1. The Petitioner’s change to condition a licensure status effective August 17, 2001, is upheld. OORT ETRE RT SRE COSTER RR PARR SIR RTO rae TER renee Se ee ae ae A ki i A eve ne sereRer oe DONE and ORDERED this 7 day 9 2, in Tallahassee, Florida. Secretary Agency for Health 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 THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO pret ee RRR TR BE REVIEWED. Copies furnished to: Jonathan S. Grout, Esquire Goldsmith & Grout, P.A. 2180 North Park Avenue, Suite 100 Post Office Box 2011 Winter Park, Florida 32790 Christine T. Messana, Esquire Agency for Health Care Administration 2727 Mahan Drive Mail Stop No. 3 Tallahassee, Florida 32308-5403 Don W. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Molly McKinstry Long Term Care Mail Stop 33 oR TTR RRR FEE eRe UTTER RE RT EO corer Sen mm - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US. Mail, this As" day oisLelrece 5. , 2001, to the above-named persons. Van Daire, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 S:\CHRIS\FORMAL CASES\Emerald Pointe 01-4075\Final Order — Vol. Dismissal.doc TRO SERRE NRT ERT a ore RT ee A OR blll RECEIVE. STATE OF FLORIDA SENERAL COun . DIVISION OF ADMINISTRATIVE HEARINGS ; JAN 14 2602 Agency for He- “are Administra. EMERALD POINTE MEDICAL, INC., d/b/a EMERALD POINTE, “Petitioner, vs. Case No. 01-4075 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal filed on January 11, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for January 22, 2002, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. : DONE AND ORDERED this llth day of January, 2002, in Tallahassee,. Leon County, Florida. Qe. OL Se DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us | os cong eerie SPORT REECE compen + Filed with the Clerk of the Division of Administrative Hearings this llth day of January, 2002. COPIES FURNISHED: Jonathan §. Grout, Esquire Goldsmith & Grout, P.A. 2180 North Park Avenue, Suite 100 Post Office Box 2011 Winter Park, Florida 32790-2011 Christine T. Messana, Esquire Agency for Health Care Administration 2727 Mahan Drive Mail Stop No. 3 Tallahassee, Florida 32308-5403 LE RE a RE PRM I OR Ski Rl ae errr FUERTE TT Ro Z ar RECEIVED GENERAL COUNSEL JAN 3 7002 STATE OF FLORIDA Agency for Health DIVISION OF ADMINISTRATIVE HEARINGS . . . Care Administration EMERALD POINTE MEDICAL, INC. d/b/a EMERALD POINTE, Petitioner, DUD -Vs- : CASE NO, 01-4075 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. . Y ; NOTICE OF VOLUNTARY DISMISSAL Petitioner, EMERALD POINTE MEDICAL, INC. d/b/a EMERALD POINTE, herein voluntarily dismisses its Petition for Formal Administrative Hearing filed herein, due to the prohibitive costs of pursuing a formal administrative hearing. Respectfully submitted this Lies of January, 2002. I HEREBY CERTIFY that the original of the foregoing has been furnished by facsimile to Don W. Davis, Esquire, Administrative Law Judge, with a copy to Christine T. Messana, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS #3, Tallahassee, Florida Y Gd = SBS" ON : WYSE TL 2002 “WARES ajoway , : wapuas ; € isabed WY 8h:6 ; raul : ; © 2O/L EL sayed , (papaaoong yuang)-jUaAg paalavoy Sead mR PYRE ee LEFT ELE NE LTE LTT NEE RE SETTER CEE ARACEAE PTET ERE ER ET Gd 9875-0 WY 8h'6 -_ - [ATHAN S. GROUT, ESQUIRE GOLDSMITH, GROUT & LEWIS, P.A. 2180 Park Avenue North, Suite 100 Post Office Box 2011 Winter Park, Florida 32790 407/740-0144 Attorneys for Petitioner Florida Bar No. 296066 2 HYOLSLL 2002 “L12G2S5 eyowion iepuas : : es . isabed Toul : a COLE | 19380 (papasosons JUBAZ) JUBA paniaaey To eR: eee Pe Aa ie a eee ee a

Docket for Case No: 01-004075