STATE OF FLORIDA ; Fiji = AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, i AHCA No.: 200200910123 = vs. AHCA No.: 2002013822: o DOAH No.: 02-2009 3 CORAL REEF NURSING & 4 fe 0 REHABILITATION CENTER, L.L.C. d/b/a mm C Clie o> = CORAL REEF NURSING AND a a REHABILITATION CENTER " ¢ Respondent. a Ey 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 this @day of 4 Lily 2002, in Tallahassee, Leon County, Florida. PARTY RESIDES. REVIEW P ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Kathryn Fenske Assistant General Counsel Agency for Health Care Administration 8355 N. W. 53 Street Miami, Fl 33166 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Gloria Collins \, Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive : Tallahassee, Florida 32308 (Interoffice Mail) Wendy Adams Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Michael M. Parrish Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Samuel Tate, Jr. Administrator Coral Reef Nursing and Rehabilitation Center 9869 S. W. 152 Street Miami, Florida 33157 (U.S. Certified Mail) Alfred W. Clark, Esq. Attorney at Law 117 South Gadsden Street Suite 201 Tallahassee, Florida 32301 (U.S. Mail) CERTIFICATE OF SERVICE , I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this 2-8 Yay of Pres , 2002, 4 € uy A = Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 STATE OF FLORIDA 7 AGENCY FOR HEALTH CARE ADMINISTRATION: “ee AGENCY FOR HEALTH CARE . ADMINISTRATION t Petitioner, AHCA No.: 2002009101 AHCA No.: 2002013821 Vv. DOAH No.: 02-2009 CORAL REEF NURSING & REHABILITATION CENTER, L.L.C. d/b/a CORAL REEF NURSING AND REHABILITATION CENTER, Respondent. STIPULATION AND SETTLEMENT AGREEMENT EE NT AGREEMENT Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”) through their undersigned representatives, and Coral Reef Nursing & Rehabilitation Center, L.L.C. d/b/a Coral Reef Nursing and Rehabilitation Center (hereinafter “Coral Reef Nursing and Rehabilitation Center”), pursuant to Sec. 120.57(4), Florida ‘\ Statutes (2001), each individualyy a “party”, and collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, Coral Reef Nursing and Rehabilitation Center is a licensed nursing home pursuant to Chapter 400, Part II, located at 9869 S. W. 152 Street, Miami, Florida 33157; and WHEREAS, the Agency is the regulatory and licensing authority over nursing homes pursuant to Chapter 400, Part II, Florida Statutes; and WHEREAS, the Agency served Coral Reef Nursing and Rehabilitation Center with a Notice of Intent letter [AHCA No.: 2002009101; DOAH No.: 02-2009] on February 22, 2002, indicating its intent to impose a Conditional License status on Coral Reef Nursing and Rehabilitation Center. WHEREAS, the Agency served Coral Reef Nursing and Rehabilitation Center with an Administrative Complaint [AHCA No.: 2002013821] on June 6, 2002, to notify the Party of its intent to impose an administrative fine of $2,500.00 for one (1) Class II violation cited by the agency pursuant to the survey conducted on January 18, 2002 and January 22, 200 with the following violation: a. Coral Reef Nursing and Rehabilitation Center failed to provide supervision co ‘ensure that residents were not subjected to Physical abuse by another resident who was identified as displaying violent behavior. The citation alleged a violation of 42 C.F.R. 483.13(b) as incorporated by Rule 59A~ 4.1288, Florida Administrative Code, classified as a Class II violation pursuant to Section 400.23(8) (b) which would carry a fine of $2,500.00 and gives rise to a Conditional Licensure status pursuant to Section 400.23(7) (b), Florida Statutes. WHEREAS, Coral Reef Nursing and Rehabilitation Center requested a formal administrative hearing in a petition to the Agency dated March 12, 2002; and WHEREAS, the parties have agreed that a fair, efficient, and cost-effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties have negotiated and agreed that the best interest of all parties will be served by a settlement of this proceeding; and NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows: 1. All recitals are true and correct and are expressly ihcorporated herein. 2. Both parties agree that the “whereas” clauses incorporated herein are binding ‘findings of the parties. 3. Coral Reef Nursing andi Rehabilitation Center neither admits nor denies the allegations raised in the administrative complaint referenced herein. The Agency agrees that it will not impose any further penalty against Coral Reef Nursing and Rehabilitation Center as a result of the survey of January 18, 2002 and January 22, 2002, however, no agreement made herein shall preclude the Agency from imposing an increased penalty against Coral Reef Nursing and Rehabilitation Center for any 3 further deficiency identified in a future survey of Coral Reef Nursing and Rehabilitation Center which constitutes or references @ repeated or previously cited deficiency from the January 18, 2002 and January 22, 2002 survey. The parties agree that in such a case, the deficiencies from the January 18, 2002 and January 22, 2002 surveys shall be deemed found without further proof. 4. Upon full execution of this Agreement, Coral Reef Nursing and Rehabilitation Center agrees to pay $1,875.00 in administrative fines to the Agency within thirty (30) days of the entry of the Final order. Coral Reef Nursing and Rehabilitation Center agrees to the Conditional License status. 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 Miami-Dade County, Florida. 5. Upon full execution of this Agreement, Coral Reef Nursing and Rehabilitation Center agrees to a withdrawal of its 7 : Petition for Formal Administrativs 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. 6. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and withdraw the case from DOAH’s jurisdiction. 7. Each party shall bear its own costs and attorney’s fees. 8. This Agreement shall become effective on the date upon * which it is fully executed by all the parties. 9, Coral Reef Nursing and Rehabilitation Center 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, Ns ‘ actions, causes of action, suits, sdamages, 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 Coral Reef Nursing and Rehabilitation Center or related facilities. 10. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph nine (9) of this Agreement. 11. 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 Supersedes any prior oral or written agreements between the parties. 14. This Agreement may not be amended, except in writing, or assigned, by Coral Reef Nursing and Rehabilitation Center and related facilities, its successor, or any resulting organization. Any attempted assignment of this Agreement by Coral Reef Nursing and Rehabilitation Center or related facilities shall be void. \ yy - The following representatives hebeby acknowledge that they are duly authorized to enter into this Agreement. Kathryn Fenske, Esq. Alfred W. Clark, Esq. Assistant General Counsel Counsel for Respondent Agency for Health Care PO Box 623 (32302) Administration 117 S. Gasden Street, Ste. 201 Tallahassee, Florida 32301 Dated: Arar Dated: thus a “ William H. Roberts Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: tls la— Agency for Health Care Administration 2727 Mahan Drive ‘ Tallahassee, Florida 32308 Dated: iby» O02 _

Docket for Case No: 02-002009