“FILED STATE OF FLORIDA @ Ss AGENCY FOR HEALTH CARE ADMINISTRATION Fy P29 02 4 Wy. 4 ~ AGENCY FOR HEALTH CARE My So oto EA ADMINISTRATION, Capdhg. 8 TO “oF CLERE hn eft Og rE Petitioner, AHCA No.: 2001054521 vs. AHCA No.: 2001075341 KENDALL HEALTH CARE, INC., d/b/a DOAH No.: 02-0359 KE Hh THE PALACE AT KENDALL NURSING DOAH No.: 02-1789 eleasol AND REHABILITATION CENTER Respondent. 2 FINAL ORDER The Agency for Health Care Administration, having entered into a Joint Stipulation and Settlement Agreement with the parties to these Proceedings, and being otherwise well advised in the premises, decides as follows: The attached Joint Stipulation and Settlement Agreement is approved and adopted as a part of this Final Order and the Parties are directed to comply with the terms of the Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. DONE and ORDERED on this A, of ( Leekey , 2002, in Tallahassee, Leon County, Florida. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITTED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF Copies furnished to: Alba M. Rodriguez - Assistant General Counsel Agency for Health Care Administration 8355 N. W. 53 Street Miami, Fl 33166 (Interoffice Mail) Gloria Collins Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Diana Lopez Castillo Field Office Manager Agency for Health Care Administration 8355 N. W. 53" Street Miami, Fl 33166 (Interoffice Mail) Long Term Care Unj Agency for Hea ssee, Florida 32308 (Jeteroffice Mail) ao Informal ring Offi Cinterotice wang com Michael M. Parrish Administrative Law Judge Divisions of Administrative Hearings 1230 Apalachee Parkway Tailahassee, Florida 32399 (U.S. Mail) Wendy Adams General Counsel Office Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail Cynthia Harrison Ruiz, Esq. Quintairos, McCumber, Prieto & Wood 9200 South Dadeland Bivd. - Suite PH-825 Miami, Florida 33156 (U.S. Mail) Jeff Aaron Nusbaum Administrator Palace at Kendall Nursing and Rehabilitation Center 11215 S. W. 84 Street Miami, Florida 33173 (U.S. Certified Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this Lay of —Aeguast—, 2002. Cealarid McCharen, has po Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, DOAH No.: 02-0359 vs. DOAH No.: 02-1789 KENDALL HEALTH CARE, INC., d/b/a AHCA No.: 2001054521 THE PALACE AT KENDALL NURSING AHCA No.: 2001075341 AND REHABILITATION CENTER Respondent. / STIPULATION AND SETTLEMENT AGREEMENT Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”) through their undersigned representatives, and Kendall Health Care, Inc., d/b/a The Palace at Kendall Nursing & Rehabilitation Center (hereinafter “The Palace at Kendall”) pursuant to Sec. 120.57(4), Florida Statutes (2001) each individually, a “party”, and collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, The Palace at Kendall is a licensed nursing home pursuant to Chapter 400 Part II, Florida Statutes, (2001), and Chapter 59A~4, Florida Administrative Code, (2001); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over nursing homes pursuant to Chapter 400, Part TI, Florida Statutes; and WHEREAS, the Agency issued The Palace at Kendall a Notice of Intent to Assign Conditional Licensure Status letter on July 27, 2001 which led to AHCA Case No. 2001075341 (the letter was subsequently replaced on March 13, 2002 with a formal charging document titled administrative complaint), notifying the Party of its intent to impose a conditional license rating pursuant to Section 400.23(7) (b), Florida Statutes; and WHEREAS, The agency served The Palace at Kendall with an administrative complaint for AHCA Case No.: 2001054521 on March 19, 2002 notifying the’ Party of its intent to impose an administrative fine of $11,500 alleging that the facility (1) failed to notify a resident’s physician when a significant change in the residents Clinical condition was noted, (2) failed to ensure each resident was free from physical restraints not required to treat a medical symptom, (3) failed to have a care Plan in place for j of 14 residents, (4) failed to Promote care for residents in a Manner and environment that maintains or enhances each resident’s dignity, (5) failed to meet professional practice standards of quality for dietetic Professionals for 1 of 3 residents, (6) failed to reduce Practices which result in food contamination, (7) failed to ensure the labeling of drugs in accordance with acceptable professional principles, (8) failed to maintain clinical records in accordance with accepted professional Practices; and WHEREAS, The Palace at Kendall requested a formal administrative hearing for AHCA Case No. 20011075341 on November 26, 2001, and requested a formal administrative hearing for AHCA No. 2001054521 on April 12, 2002; and 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 cof the mutual promises and recitals herein, the Parties intending to be legally bound, agree as follows: 1. The foregoing 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, The Palace at Kendall agrees to a withdrawal of its Petition for Formal Administrative Proceedings; agrees to waive any and all appeals and proceedings; 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), a formal Proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. 4. Upon full execution of this Agreement, The Palace at Kendall agrees to Pay $3,000 to the Agency within 30 days of the entry of the Final Order. Venue for any action brought to enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida. 5. The Palace at Kendall neither admits nor denies the allegations raised in the administrative complaints referenced herein; however, The Palace at Kendall agrees that the conditional license for the period of July 20, 2001 through September 21, 2001 is upheld and stands based on a compromise of the disputed claims relating to the allegations of uncorrected class III deficiencies, cited as Counts IV, V, VII and VIII on the Administrative Complaints, which are the subject of this agreement. S$. 1 As part of this agreement AHCA agrees that Prosecution of Counts I, II, III and vr of the Administrative Complaints which are the subject of this agreement, is no longer warranted and therefore the issue is moot as to these counts. 6. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and dismissing the above-styled cases. 7. Each party shall bear its own costs and attorney fees, 8. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 9. The Palace at Kendall 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 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 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 administrative forum, including any claims arising out of this agreement, by or on behalf of The Palace at Kendall or related facilities. 9.1 All parties to this agreement stipulate that this does not constitute a waiver or compromise of any rights or causes of action that The Palace at Kendall has or might have against The Centers for Medicare and Medicaid Services. ‘io. This Agreement is binding upon all the Parties herein and those identified in the aforementioned Paragraph 9 of this Agreement. ll. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 12. This Agreement contains the entire understandings and agreements of the parties, 13. This Agreement Supercedes any prior oral Or written agreements between the parties. 14. 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. Elizabet Cindy lermo Deputy cretary, Administrator Managed Care and The Palace at Kendall Health Quality Nursing & Rehab Center Agency for Health Care 11215 sw 84 street Administration Miami, Florida 33173 DATED: J/P¢ fo2- DATED: - “02. ~ William H. Roberts Acting General Counsel, Agency for Health Care Admin. 2727 Mahan Drive Tallahassee, FL 32308 DATED: Zl? if @~

Docket for Case No: 02-000359