Petitioner: REGENTS PARK AT AVENTURA, INC., D/B/A REGENTS PARK AT AVENTURA
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ERROL H. POWELL
Agency: Agency for Health Care Administration
Locations: Aventura, Florida
Filed: Apr. 30, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 14, 2003.
Latest Update: Sep. 21, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner, AHCA No.: 2002014571... ;
DOAH No.: 03-1540 LHP -C Lose dl
Vv.
REGENTS PARK AT AVENTURA, INC. d/b/a
REGENTS PARK AT AVENTURA,
Respondent.
FINAL ORDER
Having reviewed the Notice of Intent to Assign Conditional Licensure
Status letter dated March 12, 2002 and all other matters of record, the
Agency for Health Care Administration (“Agency”) finds and concludes as
follows:
FINDINGS OF FACT
1. The Agency issued a Notice of Intent to Assign letter stating its
intent to impose a conditional licensure status on the Respondent, Regents
Park at Aventura, Inc. d/b/a Regents Park at Aventura (hereinafter “Regents
Park at Aventura”), a skilled nursing facility, for violation of Chapter 400,
Part II, Florida Statutes and Chapter 59A-4, Florida Administrative Code.
2. Regents Park at Aventura was served with a Notice of Intent to
Assign conditional licensure status letter on March 12, 2002 by U.S. Certified
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Mail, return receipt requested. Regents Park at Aventura was advised of its
right to request an administrative hearing and was provided with an Election
of Rights form and an Explanation of Rights form. In response to the
administrative complaint, Regents Park at Aventura requested a formal
administrative proceeding pursuant to 120.57(1), Florida Statutes,
Subsequently, it was determined that the conditional licensure rating subject
of this matter had been resolved by the Stipulation and Settlement
Agreement of AHCA No.: 2002007601 and AHCA No.: 2002018061. Regents
Park at Aventura filed a Notice of Voluntary Dismissal and withdrew its
request for a hearing.
CONCLUSIONS OF LAW
1. The Agency has jurisdiction over Regents Park at Aventura
pursuant to the provisions of Chapter 400, Part II and Section 120.569,
Florida Statutes (2002).
2. As alleged in the Notice of Intent to Assign letter, Regents Park
at Aventura is in violation of Chapter 400, Part II, Florida Statutes (2002)
and Chapter 59A-4, Florida Administrative Code.
3. The conditional licensure rating subject of this case was upheld
in the settlement agreement of AHCA No.: 2002007601 and AHCA No.:
2002018061 and a Final Order was entered on these cases on May 5, 2003.
4, Regents Park at Aventura expressly waived its right to a hearing
and consented to the entry of a Final Order adopting the allegations and
Page 2 of 5
conclusions set forth in the Notice of Intent to Assign Conditional Licensure
status and imposing the sanction sought.
Based on the foregoing findings of fact and conclusions of jaw, it is
ORDERED:
5. The conditional licensure status is hereby upheld.
DONE and ORDERED this -22ay of Lids. , 2003
in Tallahassee, Leon County, Florida.
Sa, 5
Mikie am a toda, /
Rhonda M. Medows, MD ‘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 FILING FEE 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH
THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED
WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Alba M. Rodriguez
Assistant General Counsel
Agency for Health Care Administration
8355 NW 53” Street
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
Page 3 of 5
(Interoffice Mail)
Jean Lombardi
Finance & Accounting
Agency for Health Care Administration
2727 Mahan Drive Mail Stop Code #14
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)
Errol H. Powell
Administrative Law Judge
Division of Administrative Hearing
1230 Apalachee Parkway
Tallahassee, Florida 32399
(U.S. Mail)
Jay Adams, Esq.
Broad and Cassel
215 South Monroe Street -Suite 400
Tallahassee, Florida 32302
(U.S. Certified Mail)
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— one te ee A A te AT iinet pr
CERTIFICATE OF SERVICE
SERLIPICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Final Order was
served on the above-named person(s) by U.S. Mail,
designated, on this the cy day of Mar |
or the method
, 2003.
Chae lave Wrens o>
Ge Lealand McCharen, ae
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
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Docket for Case No: 03-001540