STATE OF FLORIDA : AGENCY FOR HEALTH CARE ADMINISTRATION NEW RIVIERA NURSING AND REHABILITATION CENTER, Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER 2b YA Th ay DOAH No. 06-1270CON AHCA No. 2006002617 CON No. 9906 S > S 1 a Ee 8 Mots =z om pean ro B= o& EWE > ri Bo OA Co < x m i) uw The Agency for Health Care Administration (“AHCA”), having entered into a Settlement Agreement with Petitioner New Riviera Nursing and Rehabilitation Center (“New Riviera”), and being-otherwise well-advised in the premises, finds as follows: It is ORDERED that: 1. The Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Settlement Agreement. 2. AHCA hereby approves the issuance of CON Application No. 9906 to New Riviera to establish a 234 bed skilled nursing facility, with the conditions that the specific site of the facility will be 6901 Yumari Street, Miami, Florida 33146, and a minimum of twenty-two percent (22%) of total annual patient days will be for Medicaid residents. 3. The above referenced case is hereby closed. - DONE and ORDERED this | day of dunt , 2006, in Lb firex> Alan Levine, Secretary Agency for Health Care Administration Tallahassee, Leon County, Florida. 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, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Elizabeth Dudek,Deputy Secretary R. Bruce McKibben, Jr., Esq. Managed Care and Health Quality Assurance Attorney for Petitioner Agency for Health Care Administration 3520 Thomasville Road #200A 2727 Mahan Drive, Bldg.3, MS 9 Tallahassee, Florida 32309 Tallahassee, Florida 32308 (Interoffice Mail) Sandra E. Allen, Senior Attorney Janice Mills Agency for Health Care Administration Intake Unit, Bldg. 3 MS 3 2727 Mahan Drive, Bldg. 3, MS 3 (Inter-office Mail) Tallahassee, Florida 32308 (Interoffice Mail) N David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Final Order was served on the above-named person(s) and entities by U.S. Mail or the method designated on this /7* day of _— Jame , 2006. Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. 3, MS 3 Tallahassee, Florida 32308 iy PER & DORE PAs LOMITA OP dun Lub idn-4a rele FILED STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 70h JUN Ib A th 23 NEW RIVIERA NURSING AND BIVIS|ON OF REHABILITATION CENTER, ADMINIST Ral WE DOAE Case No, 06:1270CON ‘HEARINGS Petitioner, AHCA Case No, 2006002617 Vs. CON No, 9906 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”) through their undersigned representatives, and Petitioner, New Riviera Nursing and Rehabilitation Center (hereinafter “Petitioner’), pursuant to Subsection. 120.57(4), Florida Statutes (2005) each individually a “party” and collectively as “parties” hereby enter into this Settlement Agreement (“Agreement”) stating as follows: WHEREAS, New Riviera Nursing and Rehabilitation Center is an applicant for a certificate of need to build and operate a 234-bed skilled nursing facility in Miami, Dade 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 published a notice in the March 10, 2006 Florida Administrative Weekly, notifying the Petitioner of its intent to deny CON application No. 9906 based upon perceived architectural 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 architectural plans 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 avoid the expenditure of substantial sums to litigate the dispute; and Sella Les Ge EP TA tht teed LP wall rs an batt Tow Nd WHEREAS, the parties have negotiated and agreed that the best interest of all the 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 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 formal 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 Subsection 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 (DOA) of competent jurisdiction. 4. Upon full execution of this Agreement, AHCA agrees to issue a Final Order granting CON No. 9906 to New Riviera Nursing and Rehabilitation Center for a 234-bed skilled nursing facility with the following conditions appearing on the CON: a. The specific site of the facility will be 6901 Yumuri Street, Miami, FL 33146. b. A minimum of twenty-two percent (22%) of total annual patient days will be for Medicaid residents. 5. Venue for any action brought to enforce the terms of this Agreement or the F inal 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 al} the parties. COOPER & BYRNE Faxt1-850-S35-91rU Jun i ‘Ub Lordy P.U4 10. New Riviera 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 attomeys 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 adrainistrative forum, including any claims arising out of this agreement, by or on 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. ld R. Bruce McKibben, Jr. ES ire Division Health Quality Assurance Attomey for Petitioner Agency for Health Care 3520 Thomasville Road #200A Administration . Tallahassee, aii 32309 DATED: DATED: _o{UOl, Christa Calamas en, Esq. General Counsel Agetcy for Health Care Agency for Health Care Administration Administration 2727 Mahan Dr.Bldg.3, MS #3 Tallahassee, FL. 32308 uw

Docket for Case No: 06-001270CON