STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ST. ANNE’S NURSING CENTER AND , AG NY 30 RESIDENCE, INC., d/b/a SAINT ANNE’S NURSING CENTER, Petitioner, _ CASE No: 02-4173 vs." AHCA No: 2002039661 : zt om STATE OF FLORIDA, AGENCY FOR B25 ° HEALTH CARE ADMINISTRATION, Dea nN o Sw ng a p> hand Respondent. aay ~ a mon oo tw FINAL ORDER The Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement, and’ being otherwise well- advised in the premises, finds as follows: -“Ttis ORDERED that: ' I. The Stipulation and Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. The conditional rating is dismissed. 3. The above-styled case is hereby dismissed. DONE and ORDERED this 77 day of Aovember ; 2005, in Tallahassee, Leon County, Florida. 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 AGENCY CLERK 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 WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Nelson E. Rodney, Esq. Assistant General Counsel Agency for Health Care Administration 8350 NW 52™ Terrace, Suite #103 Miami, Florida 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) Jonathan S. Grout, Esq. GOLDSMITH, GROUT &LEWIS, P.A. 2180 Park Avenue North, Suite #100 Winter, Park, Florida 32789 (U.S. Certified Mail) Hon. Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 ‘ Janice Mills (Inter-office Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this 30" Gay of Lpvebef_ , 2005. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 05 DEC -2 PH I: 2g DIVISIO) , ADMINie en OF ST. ANNE’S NURSING CENTER AND NISTRAT Vp HEAR NON YE RESIDENCE, INC., d/b/a SAINT ANNE’S NURSING CENTER, Petitioner, . v. CASE NO.: 02-4173 AHCA NO.: 2002039661 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT Petitioner, ST. ANNE’S NURSING CENTER AND RESIDENCE, INC., d/b/a SAINT ANNE'S NURSING CENTER (“‘St. Anne’s”), through their undersigned representatives and Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION (“Agency”), pursuant to Section 120.57(4), Florida Statutes (2004) each individually, a “party” collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, St. Anne’s is a nursing home licensed pursuant to Chapter 400, Part I, Florida Statutes (2004) and Chapter 59A-~4, Florida Administrative Code (2004); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over nursing homes pursuant to Chapter 400, Part I, Florida Statutes; and WHEREAS, on or about March 8, 2002 the Agency served St. Anne’s with an Administrative Complaint seeking to impose a conditional licensure rating against St. Anne’s based on two Class II deficiencies cited during a survey of May 22, 2001; and WHEREAS, St. Anne’s requested a formal administrative hearing in a petition to the Agency; 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 interests of all the parties will be served by a settlement of this proceeding. NOW. THEREFORE, for and in consideration of the mutual promises and recitals contained herein, the parties intending to be legally bound hereby, agree as follows: ‘1. °° All Recitals above are true and correct.and are expressly incorporated herein by reference as if fully set forth below. 2. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 3. Upon full execution of this Agreement, St. Anne’s agrees to a withdrawal of its Petition for Formal Administrative Hearing; 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 Agency shall reclassify Count I and Count I of the Administrative Complaint from Class II deficiencies to Class III deficiencies. 5. The Agency shall also withdraw the conditional license imposed on May 22, 2001. 6. 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. 7. St..Anne’s neither admits nor denies the allegations in the Administrative Complaint. The Agency agrees that it will not impose any further penalty or sanction against St. Anne’s as a result of the survey ending May 22, 2001, however, no agreement made herein shall preclude the Agency from imposing a penalty against St. Anne’s for any deficiency/violation of statute or rule identified in a future survey of St. Anne’s, which constitutes a cumulative fine or an uncorrected deficiency from the May 22, 2001 survey. 8. Upon full execution of this Agreement, the Agency shal! enter a Final Order adopting and incorporating the terms of this Agreement and dismissing the above-styled case. 9. Each party shall bear its own costs and attorneys fees. 10. This Agreement shall become effective on the date upon which it is fully executed by all the parties. : ' 1. St. Anne’s, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs and executors or administrators, does hereby discharge the Agency 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 St. Anne’s or related facilities, 12. This Agreement is binding upon all parties. 13. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 14. This Agreement contains the entire understandings and agreements of the parties. , 15. This Agreement supercedes any prior oral or written agreements between the parties. . . 16. This Agreement may not be amended except in writing. Any attempted assignment. of this Agreement by St. Anne’s or related facilities, its successor or any resulting organization shail be void. ‘The following representatives hereby acknowledge that they are duly authorized to. enter into this Agreement: ELIZABEJH DUDEK. JONATHAN S. GROUT, ESQUIRE DEPUTY/SECRETARY Florida Bar #296066 AGENCY FOR HEALTH CARE GOLDSMITH, GROUT & LEWIS, P.A. ADMINISTRATION 2180 Park Avenue North, Suite 100 2727 Mahan Drive Winter Park, Florida 32789 Tallahassee, Florida 32308 Telephone: (407) 740-0144 Facsimile: (407) 740-5167 Attorney for Petitioner Date signed: Hy A OS Datesigned: —§ AO - AL- OS Vo. ( hula Ca Lanor CHRISTA CALAMAS, ESQUIRE GENERAL COUNSEL AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Tallahassee, Florida 32308 i |is]os Date signed:

Docket for Case No: 02-004173