STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE Saags WAR OS L-Ul Te ADMINISTRATION, 5 J Petitioner, AHCA No.: 2004001539 VS. AHCA No.: 2004001540 DOAH No.: 04-1193 SOUTHPOINT HEALTH CARE AHCA No.: 2003007234 ASSOCIATES, LLC, INC. d/b/a DOAH No.? 04-0628R SOUTHPOINT NURSING AND = REHABILITATION CENTER, =. RENDITION NO.: AHCA-O§ SSOLC Le Respondent. : o r J > ‘y} = FINAL ORDER aS a The Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, finds and concludes as follows: The attached 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 Stipulation and Settlement Agreement. ORDERED: 1. The attached Stipulation and Settlement Agreement is approved and adopted as part of this Final Order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. ae 5b 2. A total assessment of $5,000.00 is hereby imposed upon Southpoint Nursing and Rehabilitation Center. The assessment is due and payable within thirty (30) days of the date of rendition of this Order. Additionally, the Agency agrees that the deficiency described in Count I (Tag F224) of the Administrative Complaint is hereby reduced from a Class I to a Class III deficiency. The Agency further agrees that the deficiency described in Count Il (Tag F309) of the Administrative Complaint is hereby reduced from a Class II to a Class III deficiency. Based upon the changes set forth above, the Agency hereby rescinds its request for the imposition of a conditional license for the time period of February 12, 2004 until March 23, 2004 and reinstates a standard licensure rating for that time period. The Agency also rescinds its request for the imposition of a $6,000 survey fee, $12,5000 in administrative fines, and Moratorium issued February 12, 2004. 3. Respondent has dismissed its appeals in consolidated cases styled Southpoint Health Care Associates, LLC v. Agency for Health Care Administration, Case Nos. 3D04-562 and 3D04-885 in the Third District Court of appeals. The Agency has voluntarily dismissed its appeal in the case styled Agency for Health Care Administration v. Southpoint Health Care Associates, LLC, Case No. 1D04-1967 in the First District Court of Appeal. 4, Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to these case numbers, should be sent directly to: Jean Lombardi Agency for Health Care Administration Office of Finance and Accounting 2727 Mahan Drive, Mail Stop # 14 Tallahassee, Florida 32308 5. Unpaid assessments will be subject to statutory interest and may be collected by all methods legally available. DONE and ORDERED this 25 day of Zelgwasus | 2005, in Tallahassee, Leon County, Florida. Alan Levine, Secretary i Agency foy Health Care Administrat 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 Rodney, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N. W. 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) Jean Lombardi Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive - Mail Stop # 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) John G. Van Laningham Administrative Law Judge Division of Administrative hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail Donna Stinson, Esq. Broad & Cassel 215 South Monroe Street - Suite 400 Tallahassee, Florida 32302 (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 q day of D nech , 2005, \ _ N Cy Vorlewt Wap poo) AUCRichard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SOUTHPOINT HEALTH CARE ASSOCIATES, LLC, d/b/a SOUTHPOINT NURSING AND REHABILITATION CENTER Petitioner, v. CASE NO. 04-0628RU 04-1193 AGENCY FOR HEALTH CARE A.C. 2003007234 ADMINISTRATION A.C. 2004001539 A.C. 2004001540 Respondent. / / STIPULATION AND SETTLEMENT AGREEMENT Petitioner, Agency for Health Care Administration ("the Agency") through its undersigned representatives, and Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing and Rehabilitation Center ("Southpoint"), through its undersigned Qualified Representative, each individually a "party and collectively the "parties," hereby enter into this Stipulation and Settlement Agreement ("Agreement") pursuant to Sec. 120.57(4), Florida Statutes (2004), and agree as follows: WHEREAS, Southpoint is a nursing home licensed pursuant to Chapter 400 Part Il, Florida Statutes (2001), and Rule 59A-4, Florida Administrative Code (2001); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Southpoint pursuant to Chapter 400, Part II, Florida Statutes (2004), and WHEREAS, the Agency on February 12, 2004, issued an Order of Immediate Moratorium against Southpoint ("Moratorium," AHCA No. 2003007234) based upon deficiencies identified during a survey completed on that date: and TLH1\HEAL TH\62844.2 93350A)001 DMA dma 8/23/2004 WHEREAS, based on the same facts underlying the Moratorium, the Agency on March 1, 2004, served Southpoint with an Administrative Complaint (AHCA Nos. 2004001539 & 2004001540) notifying Southpoint of the Agency's intent to impose a Conditional License, an administrative fine of $12,500, and a $6,000 survey fee; and WHEREAS, Southpoint requested and was granted a formal administrative hearing on both the Administrative Complaint and the Moratorium (DOAH No. 04-1193); and WHEREAS, Southpoint also filed a Petition to Challenge Invalid Non-Rule Policies of the Agency related to the Moratorium (DOAH No. 04-0628RU, which was ultimately consolidated with DOAH No. 04-1193 discussed above); and WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of these disputes would avoid the expenditure of substantial sums to litigate the disputes; 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. 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 incorporated herein. 2. Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties. 3. The Agency agrees that the deficiency described in Count I (Tag F224) of the Administrative Complaint is hereby reduced from a class I to a class III deficiency. The Agency further agrees that the deficiency described in Count II (Tag F309) of the Administrative Complaint is hereby reduced from a class II to a class II deficiency. TLH1\HEALTH\82844.2 33350/0001 DMA dma 8/23/2004 4. Based upon the changes set forth in Paragraph 3 above, the Agency hereby rescinds its request for the imposition of a Conditional license for the time period of February 12, 2004 until March 23, 2004 and reinstates a Standard licensure rating for that time period. The Agency also rescinds its request for the imposition of a $6,000 survey fee and $12,500 in administrative fines. Finally, the Agency rescinds the Moratorium issued February 12, 2004. 5. Southpoint agrees that it will pay the Agency an administrative assessment of $5,000, which shall be due and payable within thirty days from the date of the full execution of this Stipulation and Settlement Agreement by all parties hereto. 6. The parties hereto acknowledge and agree that they have filed the following cases in the First and Third District Courts of Appeal arising from the various related proceedings referenced above: Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing And Rehabilitation Center v. Agency for Health Care Administration, Case Nos. 3D04-562 and 3D04-885 (consolidated) in the Third District Court of Appeal; Agency for Health Care Administration v. Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing And Rehabilitation Center, Case No. 3D04-1783 (formerly 1 DCA Case No. 1D04-2525) in the Third District Court of Appeal; and Agency for Health Care Administration v. Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing And Rehabilitation Center, Case No. 1D04-1967 in the First District Court of Appeal. The parties agree that all of the above-referenced cases in the First and Third District Courts of Appeal shall be voluntarily dismissed, and that the appellant/petitioner in each of the respective cases shall file a Notice of Dismissal with Prejudice. 7. Upon full execution of this Agreement, the Agency agrees to withdraw its Administrative Complaint (AHCA Nos. 2004001539 & 2004001540) and rescind its Moratorium (AHCA No. 2003007234). Southpoint agrees to withdraw and dismiss all proceedings related to 3 TLH1\HEALTHi82844.2 33350/3001 DMA dma 8/23/2004 the Administrative Complaint, the Moratorium, and its Petition to Challenge Invalid Non-Rule Policies (i.e., DOAH Nos. 04-1193 & 04-0628RU); agrees to waive compliance with the form of the Final Order resulting from this Agreement (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 120.68, Florida Statutes, and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. Provided, however, that no agreement herein shall be deemed a waiver by either party of its right to judicial enforcement of this Stipulation. 8. 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. 9. By executing this Stipulation and Settlement Agreement, Southpoint does not admit the validity of the allegations raised in the Moratorium and Administrative Complaint referenced herein. By executing this Stipulation and Settlement Agreement, the Agency asserts the validity of the allegations raised in the Moratorium and Administrative Complaints referenced herein except to the extent that they have been modified herein, including, without limitation, those modifications to the Administrative Complaint set forth in Paragraphs 3 and 4 above. The Agency agrees that it will not impose any other penalty against Southpoint as a result of the survey completed on February 12, 2004, except as may be authorized by Chapter 400.121(1)(b), Florida Statutes. In the event that the Agency imposes a penalty under Chapter 400.121(1) (b), Florida Statutes, Southpoint reserves the right to challenge that penalty and any deficiency from those surveys which is used to support that decision in an administrative proceeding. TLHNHEALTHI82844.2 33350/C001 DMA dma 8/23/2004 10. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement. 1. Each party shall bear its own costs and attorney fees in the above- numbered cases, and in each of the appellate cases referenced in Paragraph 6 above. 2. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 3. Southpoint Health Care Associates, LLC, d/b/a Southpoint 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 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 Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing And Rehabilitation Center or related facilities. 14. The Agency for Health Care Administration, does hereby discharge Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing And Rehabilitation Center 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 TLH1\HEALTH\82844 2 33350/0001 DMA dma 8/23/2004 claims arising out of this agreement, by or on behalf of the Agency for Health Care Administration. 15. | This Agreement is binding upon all party's herein and those identified in the aforementioned paragraphs ten and eleven of this Agreement. 16. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 17. This Agreement contains the entire understandings and agreements of the parties. 18. This Agreement supercedes any prior oral or written agreements between the parties. 19. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The representatives below hereby acknowledge that they are duly authorized to enter into this Agreement. a Elizabeth Deputy Secfetary, Qualified Representative Health lity Assurance Broad and Cassel Agency for Health Care Administration 215 S. Monroe Street, Ste. 400 Tallahassee, FL 32301 DATED: Lad. fll Bo Va4ida Clark Christian General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee FL 32308 DATED: yA Ltley _ DATED: LY LO TLHTNHEALTH\82844.2 33350/0001 DMA dma 8/23/2004 89/82/84 16:31:28 Broad and Cassel-> RightFax Page BAZ IN THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SOUTHPOINT HEALTH CARE ASSOCIATES, LLC, d/b/a SOUTHPOINT NURSING AND REHABILITATION CENTER, Petitioner, Case No. 04-0628RU v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / NOTICE OF VOLUNTARY DISMISSAL Petitioner, Southpoint Health Care Associates LLC d/b/a Southpoint Nursing and Rehabilitation Center gives notice hereby that it is dismissing its Petition in the above-styled proceeding with prejudice. Respectfully Submitted, Mer. INNA HOLSHOUSER STINSON Florida Bar No. 0181261 DAVID K. MILLER, P.A. Florida Bar No. 213128 BROAD and CASSEL 215 §. Monroe St., Ste. 400 P.O. Drawer 11300 Tallahassee, FL 32302 (850)681-6810 TRHIHEALTHIS3437.1 3395070005 972/2004 2:11 PM 89/82/84 16:31:34 Broad and Cassel~> RightFax Page BB2 CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing instrument has been furnished via facsimile to Michael Mathis, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Ft. Knox Bldg. 3, Tallahassee, Florida 32308, this 2™ day of September, 2004. TUNNHEALTHBS<37, ¢ 3338000001 9/2/2004 2:11 FM 89/82/H4 16:33:28 Broad and Cassel—> RightFax Page HAZ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AGENCY FOR HEALTH CARE ADMINISTRATION Petitioner, v. CASE NO. 04-1193 SOUTHPOINT HEALTH CARE ASSOCIATES, LLC, d/b/a SOUTHPOINT NURSING AND REHABILITATION CENTER Respondent. NOTICE OF VOLUNTARY DISMISSAL Southpoint Health Care Associates, LLC, d/b/a Southpoint Nursing and Rehabilitation Center, gives notice hereby that it is dismissing its Petition in the above-styled proceeding with prejudice. Respectfully Submitted, BROAD and CASSEL 215 S. Monroe St., Ste. 400 P.O. Drawer 11300 Tallahassee, FL 32302 (850)681-6810 TLHINHEALTHI83442.1 ‘3335070001 92/2004 2:53 PM 09/82/04 16:33:33 Broad and Cassel-> RightFax CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing instrument has been furnished via facsimile to Nelson Rodney, Esquire, Agency for Health Care Administration, 8350 N.W. 52nd Terrace, Ste. 103, Doral, Florida 33166-7706, this 2 day of September, 2004. TLHIHEAL THE 442 + ‘3330/0001 9/2/2004 253 PM Page 883 99/82/84 16:83:48 Broad and Cassel-> RightFax Page HAZ IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT STATE OF FLORIDA SOUTHPOINT HEALTH CARE ASSOCIATES, LLC, d/b/a SOUTHPOINT NURSING AND REHABILITATION CENTER Petitioner, v. CASE NO. 3D04-562 31D04-885 AGENCY FOR HEALTH CARE L.T. 2003007234 ADMINISTRATION Respondent. / a UU E EE NASEEENeneen NOTICE OF VOLUNTARY DISMISSAL Southpoint Health Care Associates, LLC, d/b/a SouthpointNursing and Rehabilitation Center gives notice hereby that it is dismissing the above-styled appeals with prejudice. Respectfully Submitted, FloxidaBar No. 0181261 BROAD and CASSEL 215 S. Monroe St., Ste. 400 P.O. Drawer 11300 Tallahassee, FL 32302 (850)681-6810 TLHIHEAL TH7S076.1 ‘S3SSQ0001 922004 2:55 Pt 99/82/84 16:84:83 Broad and Cassel-> RightFax Page Hs CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing instrument has been furnished via facsimile transmission to Gregory J. Philo, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, MS#3, Tallahassee, Florida 32308, this 2™ day of September, 2004. TUM I\HEALTHI79076.1 3335000001 97272004 2:85 PM

Docket for Case No: 04-000628RU