SARVOP, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION, 05-003785CON (2005)
Court: Division of Administrative Hearings, Florida
Number: 05-003785CON
Visitors: 9
Petitioner: SARVOP, LLC
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Oct. 12, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 8, 2006.
Latest Update: Oct. 01, 2024
STATE OF FLORIDA
ACGSENCY FOR HEALTH CARE ADMINISTRATION, mn
SARVOP, LLC,
Petitiormer, ;
AHCA No. 2005008245
vs.
CON No. 9861
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE
ADMINISTRATEI ON,
Respon
A, AGENCY FOR
HEALTH CARE AL>MINISTRATION,
Respondent.
SETTLEMENT AGREEMENT
Respondent, State of Florida, Agency for Health Care Administration (hereinafter the
“Agency”) through their undersigned representatives, and Petitioner, SARVOP, LLC (hereinafter
“Petitioner”), pursuzant to Subsection. 120.57(4), Florida Statutes (2005) each individually a
“party” and collectiwely as “parties” hereby enter into this Settlement Agreement (“Agreement”)
stating as follows:
WHEREAS, SARVOP, LLC is an applicant for a certificate of need to build and operate
a 178-bed replaceme=nt nursing home in Sarasota, Sarasota County, FL; and
WHEREAS, the Agency has jurisdiction by virtue of being the regulatory authority
responsible for the review and approval of certificate of need applications, pursuant to Section
408.035, 120.569 and 120.57, Florida Statutes (2005); and
WHEREAS, the Agency served Petitioner and published a notice in the September 9,
2005 Florida Administrative Weekly, notifying the Petitioner of its intent to deny CON
application No. 986 4 based upon perceived architectural and financial concerns; and
WHEREAS, the Petitioner challenged the preliminary denial of its CON application; and
WHEREAS, the Petitioner has provided AHCA with clarifying information to the
submitted architectitral and financial information which would alleviate the Agency’s concerns;
and
WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of
this dispute would a-void the expenditure of substantial sums to litigate the dispute; and
WHEREAS, the parties have negotiated and agreed that the best interest of all the parties
will be served by a setilement of this proceeding; and
NOW THER-EFORE, 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. Upon. full execution of this Agreement, Petitioner agrees to a withdrawal of its
Petition for a forrmal administrative proceeding; agrees to waive any and all appeals and
proceeding; 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 S-ubsection 120.57(2) Florida Statutes (2005), a formal proceeding under
Subsection 120.57(1) Florida Statutes (2005), appeals under Section 120.68 Florida Statutes
(2005); and declaratory and all writs of relief in any court or quasi-court (OOAH) of competent
jurisdiction.
4. Upon full execution of this Agreement, AHCA agrees to issue a Final Order
granting CON No. 9861 to SARVOP, LLC for a 178-bed replacement nursing home with the
following conditions appearing on the CON:
a. The specific site of the facility will be 5450 DeSoto Road, Sarasota, Florida
34235.
b. A aninimum of sixty-seven and a half percent (67.5%) of total annual patient
days shall be provided to Medicaid recipients* however, upon a showing of changed
circumstances, AHCA will entertain a written request for modification to this minimum
condition.
5. 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.
6. Petitioner and Respondent agree to the terms of this Agreement and the
signatories below have full authority to bind the respective parties to the Agreement.
7. Upon full execution of this Agreement, the Agency shall enter a Final Order
adopting and incorporating the terms of this Agreement and closing the above-styled case.
8. Each party shall bear its own costs and attorney’s fees.
9. This Agreement shall become effective on the date upon which it is fully executed
by all the parties.
10. SAR-V/OP, LLC, 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 frorn all claims, demands, actions, causes of action, suits, damages, losses, and
expenses, of any ancl 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 om behalf of Petitioner or related facilities.
11. This -Agreement is binding upon all parties herein and those identified in the
aforementioned paragraph (10) of this Agreement.
12. | The undersigned have read and understand this Agreement and have authority to
bind their respective principals to it.
13. This Agreement contains the entire understandings and agreements of the parties.
14. This Agreement supersedes any prior oral or written agreements between the
parties.
15. 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.
DATED: _ ©42F/06 | DATED) @~ 7-OG
Mi hess Fedepecic ee i Eee S ne
Elizabeth Dudek, Dépu retary Peter A. Lewis, Esquire
Division Health Quality Assurance Attorney for Petitioner
Agency for Health Care 307 West Park Avenue, Suite 200
Administration . Tallahassee, Florida 32302
DATED: DEAD 6 DATED: (-/2-06
Christa Calamas, Esquire Sandra Allen, Esq.
General Counsel Agency for Health Care
Agency for Health Care Administration
Administration 2727 Mahan Dr.Bidg.3, MS #3
Tallahassee, FL. 32308
Docket for Case No: 05-003785CON
| Issue Date |
Proceedings |
|
Jul. 07, 2006 |
Final Order filed.
|
|
Jun. 08, 2006 |
Order Closing File. CASE CLOSED.
|
|
Jun. 06, 2006 |
Agreed Motion to Relinquish Jurisdiction filed.
|
|
Apr. 25, 2006 |
Notice of Appearance and Substitution of Counsel (filed by S. Allen).
|
|
Apr. 07, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 26 through 30, 2006; 9:00 a.m.; Tallahassee, FL).
|
|
Apr. 06, 2006 |
Motion for Continuance filed.
|
|
Feb. 07, 2006 |
Amended Order of Pre-hearing Instructions.
|
|
Oct. 31, 2005 |
Order of Pre-hearing Instructions.
|
|
Oct. 31, 2005 |
Notice of Hearing (hearing set for May 1 through 5 and 8 through 12, 2006; 9:00 a.m.; Tallahassee, FL).
|
|
Oct. 31, 2005 |
Joint Response to Initial Order filed.
|
|
Oct. 17, 2005 |
Initial Order.
|
|
Oct. 12, 2005 |
Pages from Florida Administrative Weekly filed.
|
|
Oct. 12, 2005 |
Petition for Formal Administrative Hearing filed.
|
|
Oct. 12, 2005 |
Notice (of Agency referral) filed.
|
Source: Florida - Division of Administrative Hearings
