Apr 7 2009 13:20 APR-G?-2889 14:35 AGENCY HEALTH CARE ADMIN 856 921 4158 P1528 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. Case No. 2008005190 LIFE CARE CENTERS OF AMERICA, INC., D/B/A LIFE CARE CENTER OF JACKSONVILLE. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Flonda Agency for Health Care Administration (“4HCA”), through undersigned counsel, files this Administrative Complaint against the above-named Respondent (“Respondent”) pursuant to Sections 120.569 and 120.57, Florida Statutes (2006)', and alleges: NATURE OF THE ACTION i. This is an action to impose an administrative fine in the amount of $65,325 (the “fine amount”) against Respondent, pursuant to Section 408.040, Florida Statutes, and Florida Administrative Code Rules 59C-1.013 and 59C-1.021. 2. For the calendar year 2006 (the “calendar year”), Respondent failed to comply with the Medicaid condition upon its Certificate of Need (“CON”), a copy of which is attached to this complaint as Exhibit A. JURISDICTION AND VENUE ‘Unless otherwise noted, all statutes and rules hereimafter cited are to the indicated year’s version of the statute or rule because this is the controlling year in question. Page ] of 9 Apr 7 2009 13:21 APR-B'r—-2883 14:33 AGENCY HEALTH CARE ADMIN 856 921 4158 P. 1628 3. This tribunal has jurisdiction over Respondent, pursuant to Sections 120.569 and 120.57, Florida Statutes, and also Sections 408.03 1- 408.045, Florida’s “Health Facility and Services Development Act.” 4. Venue is determined by Florida Administrative Code Rule 28-106.207. PARTIES 5. Pursuant to Cuapea 07, Tiaiaa Statutes, and Chapter 39C-1, Florida Administrative Code, AHCA is the licensing and enforcing aWtinany «th regard to community nursing home laws and rules. 6. Respondent is a corporation authorized under the laws of Florida to do business. Respondent operates a community nursing home located at 4813 Lenoir Avenue Jacksonville, Florida 32216 and is the licensee on the CON issued on November 21, 2001, for a minimum of 54.60% of its 120 bed facility’s total annual patient days shall be provided to Medicaid patients. The CON number is 9200; a copy of the CON is attached to this complaint as Exhibit A. COUNTI Respondent failed to meet its Medicaid condition Section 408.040, Florida Statutes Florida Administrative Code Rule 59C-1.013 Florida Administrative Code Rule 59C-1.021 l. AHCA te-alleges paragraphs 1-6 above. 8. Respondent failed to comply with its Medicaid condition as reported to the Agency in its Florida Nursing Home Utilization Report for the year 2006, a copy of which is attached to this complaint as Exhibit B, and its facility report, a copy of which is attached to this complaint as Exhibit C. Page 2 of 9 Apr 7 2009 13:21 APR-G?-2889 14:34 AGENCY HEALTH CARE ADMIN 856 921 @158 P1728 9. Respondent failed to comply with the condition set forth in its CON, as required by Section 408.040, Florida Statutes, and Rule 59C-1.013, Florida Administrative Code, which provide, in part, as follows: 408.040 Conditions and monitoring (Q\(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a certificate of need. Any conditions imposed ona certificate of need or an exemption based on such statements of intent shal] be stated on the face of the certificate of need or in the exemption approval. (b) The agency may consider, in addition to the other criteria specified in s. 408.035, a statement of intent by the applicant that a specified percentage of the annual! patient days at the facility will be utilized by patients eligible for care under Title XIX of the Social Security Act. Any certificate of need issued to a nursing home in reliance upon an applicant's statements that a specified percentage of annual patient days will be utilized by residents eligible for care under Title XIX of the Social Security Act must include a statement that such certification is a condition of issuance of the certificate of need. The certificate-of-need program shall notify the Medicaid program office and the Department of Elderly Affairs when it imposes conditions as authorized in this paragraph in an area in which a community diversion pilot project is implemented. (c) A certificate holder or an exemption holder may apply to the agency for a modification of conditions imposed under paragraph (a) or paragraph (b). If the holder of a cemificate of need or an exemption demonstrates good cause why the certificate or exemption should be modified, the agency shall reissue the certificate of need or exemption with such modifications as may be appropriate. The agency shall by rule define the factors constituting good cause for modification, (d) If the holder of a certificate of need or an exemption fails to comply with a condition upon which the issuance of the certificate or exemption was predicated, the agency may aasess an administrative fine against the certificate holder in an amount not to exceed $1,000 per failure per day. Failure to annually report compliance with any condition upon which the issuance of the certificate or exemption was predicated constitutes noncompliance. In assessing the penalty, the agency shall take into account as mitigation the degree of noncompliance. Proceeds of such penalties shall be deposited in the Public Medicaid Assistance Trust Fund. chook ok §9C-1.013 Monitoring Procedures (4) Reporting Requirements Subsequent to Licensure or Commencement of Services. All holders of a certificate of need that was issued predicated upon conditions expressed on the face of the certificate of need shall provide annual compliance reports to the agency. The reporting period shall be January 1 through December 31 of each year. The holder of a certificate of need who began operation after January 1 will report from the date operation began through December 31. The compliance report shall be submitted no later than April ] of the subsequent year. (a) The compliance report will contain information necessary for an assessment of compliance with conditions on the certificate of need, utilizing measures, such as a percentage of patient days, that are consistent with the stated condition. The following information shall be provided in the holder’s annual compliance report: 1. The time period covered by the measures; 2. The measure for assessing compliance with each of the conditions identified and described on the face of the certificate of need; 3. The way in which the conditions were evaluated by applying the measures; 4, The data sources used to generate information about the conditions that were measured; 5. The person and position responsible for supplying the compliance report; 6. Any other information necessary for the agency to determine compliance with conditions; and 7. If applicable, the reason or reasons, with supporting data, why the certificate of need holder was unable to meet the conditions set forth on the face of the certificate of need. (b) A change in the licensee for a facility or service does not affect the obligation for that facility or service to continue to meet conditions imposed on a certificate of need and to provide annual condition compliance reports. Page 3 of 9 Apr 7 2009 13:21 APR-G?-2889 14:34 AGENCY HEALTH CARE ADMIN 856 921 @158 P. 1828 (c) Conditions imposed on a ceruficate of need may be modified consistent with Rule 59C- 1.019, F.A.C, (5) Violation of Certificate of Need Conditions. Health care providers found by the agency to be in noncompliance with conditions set forth in their certificate of need shall be fined as defined in Rule $9C-1.021, F.A.C. 10. The foregoing violation warrants imposition of the above-mentioned fine amount pursuant to Florida Administrative Code Rule 59C-1.021, which provides, in part: §9C-1.021 Penalties. (1) General Provisions. The agency shall initiate administrative proceedings for revocation of a certificate of need for violation of paragraphs 408.040(2)(a) and (b), F.S., or the assessment of administrative fines for failure to comply with conditions placed on a certificate of need as specified under Rule 59C-1,013, FAC aOR (3) Penalties for Failure to Comply with Certificate of Need Conditions. The agency shall review the annual compliance report submitted by the health care providers who are licensed and operate the facilities or services and other pertinent data to assess compliance with certificate of need conditions. Providers who are net in compliance with certificate of need conditions shall be fined, For community nursing homes or hospital-based skilled nursing units certified as such by Medicare, the first compliance report on the status of conditions must be submitted 30 calendar days following the eighteenth month of operation or the first month where an 85 percent occupancy is achieved, whichever comes first. The schedule of fines is as follows: (a) Facilities failing to comply with any conditions set forth on the Certificate of Need will be assessed a fine, not to exceed $1,000 per failure per day. In assessing the penalty the agency shall take into account the degree of noncompliance. (b) The assessed fine shall be paid to the agency within 45 calendar days after written notification of assessment by certified mail or within 30 calendar days after final agency action if an administrative hearing has been requested. If a health care provider desires it may remit payment according to a payment schedule accepted by the agency. The health care provider must submit the schedule of payments to the agency within 30 calendar days after the date of receipt of the notification of assessment or 21 calendar days after final agency action. The final balance will be due no later than 6 months after the health care provider has been notified in writing by the agency of the amount of the assessed fine or 6 months after final agency action. 11, AHCA, in determining the penalty imposed, considered the degree of noncompliance. WHEREFORE, AHCA demands the following relief: (1) enter factual and legal findings as set forth in this Count; (2) impose the above-mentioned fine amount for the violation; and (3) impose such other relief as this tribunal may find appropriate. NOTICE RESPONDENT is hereby notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Specific options for administrative Page 4 of9 Apr 7 2009 13:22 APR-G?-2889 14:45 AGENCY HEALTH CARE ADMIN 856 921 4158 P1928 action are set out in the attached Election of Rights (one page) and explained in the attached Explanation of Rights (one page). All requests for hearing shall be made to the Agency for Health Care Administration and delivered to the Agency for Health Care Administration, 2727 Mahan Dr., Blds, 3, MS #3, Tallahassee, Florida, 32308; Attention: Agency Clerk. RESPONDENT IS FURTHER NOTIFIED THAT IF THE REQUEST FOR HEARING IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED. Submitted as of the date indicated on the pelow Certificate of Service. || Bar, O. Moore, Esq. Fla. Bar No 768715 Agency for Health Care Administration 2727 Mahan Drive, Bldg. 3, MS #3 Tallahassee, Florida 32308 Phone: (850) 922-5873 Fax: (850) 921-0158 or 413-9313 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a copy of the original Administrative Complaint, Explanation of Rights form, and Election of Rights form have been sent by U.S. Certified Mail, Return Receipt Requested (receipt # 7004 2890 0000 5526 8091) to Respondent, Attention: Administrator, at 4813 Lenoir Avenue Jagkgonville, Florida 32216 on this 28” day of April 2008. art O. Moore, Esq. Page 5 of 9 Apr 7 2009 13:22 APR-G?-2889 14:35 AGENCY HEALTH CARE ADMIN 856 921 @158 P.28-28 EXPLANATION OF RIGHTS . UNDER SEC. 120,569, FLORIDA STATUTES (To be used with the attached Election of Rights form) In response to the allegations set forth in the Administrative Complaint issued by the Agency for Health Care Administration (“AHCA” or “Agency”), Respondent must make one of the following elections within twenty-one (21) days from the date of receipt of the Administrative Complaint and your Election of Rights in this matter must be received by AHCA within twenty-one (21) days from the date you receive the Administrative Complaint. Please make your election on the attached Election of Rights form and returm it fully executed to the address listed on the form. OPTION 1. If Respondent does not dispute the allegations in the Administrative Complaint and Respondent elects to waive the right to be heard, Respondent should select OPTION 1 on the election of rights form. A final order will be entered finding you guilty of the violations charged and imposing the penalty sought in the Complaint. You will be provided a copy of the final order. OPTION 2, If Respondent does not dispute any material fact alleged in the Administrative Complaint (Respondent admits all the material facts alleged in the Complaint.), Respondent may request an informal hearing pursuant to Section 120.57(2), Florida Statutes before the Agency. At the informal hearing, Respondent will be given an opportunity to present both written and oral evidence to reduce the penalty being imposed for the violations set out in the Complaint. For an informal hearing, Respondent should select OPTION 2 on the Election of Rights form. OPTION 3. If the Respondent disputes the allegations set forth in the Administrative Complaint (you do not admit them) you may request a formal hearing pursuant to Section 120.57(1), Florida Statutes. To obtain a formal hearing, Respondent should select OPTION 3 on the Election of Rights form. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.8., Respondent’s request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts disputed. IF YOU SELECT OPT. 3, CAREFULLY READ THE FOLLOWING PARAGRAPH: In order to preserve the right to a hearing, Respondent’s Election of Rights in this matter must be RECEIVED by AHCA within 21 days from the date Respondent receives the Administrative Complaint. If the election form with Respondent’s selected option is not received by AHCA within 21 days from the date of Respondent’s receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought in the Complaint. Page 6 of 9 Apr 7 2009 13:23 APR-G?-2889 14:45 AGENCY HEALTH CARE ADMIN 856 921 4158 P2128 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: Life Care Centers of America, Inc, Case No. 2008005190 d/b/a Life Care Center of Jacksonville ELECTION OF RIGHTS FOR PROPOSED AGENCY ACTION? PLEASE SELECT ONLY 1 OF THE 3 OPTIONS OPTION ONE (1) Y do not dispute the allegations of fact contained in the proposed agency action and waive my right to object or to be heard, I understand that by waiving my rights, a final order will be issued that adopts the proposed agency action and imposes the sanctions sought. OPTION TWO (2) _ I do not dispute and admit the allegations of fact contained in the proposed agency action, but I do wish to be afforded an informal proceeding, pursuant to Section 120.57(2), Florida Statutes, at which time I will be permitted to submit oral and/or written evidence to the Agency in mitigation of the penalty imposed. OPTION THREE (3) I do dispute the allegations of fact contained in the proposed agency action and request a formal hearing, pursuant to Section 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative Hearings. PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. In order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes, you must ALSO file a request for a formal hearing that conforms to the requirements of Rule 28-106.201, Florida . Administrative Code. The hearing request MUST contain: - The name and address of each agency affected and each agency’s file or identification number; - Your name, address, and telephone number, and the name, address, and telephone number of your representative, if any, in this proceeding: - An explanation of how your substantial interests will be affected by the Agency’s proposed action; - A statement of when and how you received notice of the Agency’s proposed action: - A statement of all disputed issues of material fact; - A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the Agency's proposed action; - A statement of the specific rules or statutes you contend require reversal or modification of the Agency’s proposed action; and * Proposed agency action refers to cither the Notice of Intent or Administrative Complaint that you received from the Agency along with this Election of Rights. Page 7 of 9 Apr 7 2009 13:23 APR-G?-2889 14°36 AGENCY HEALTH CARE ADMIN 856 921 4158 P2228 - A statement of the relief you are seeking, stating exactly what action you wish the Agency to take with respect to its proposed action. In order to preserve your right to a hearing, the Election of Rights form (AND the request for a formal hearing if you have chosen OPTION THREE (3)) in this matter must be received by ANCA within twenty-one (21) days from the date you received the proposed agency action. If the election of rights form with your selected option is not received by AHCA within twenty-one (21) days from the date of your receipt of the proposed agency action, you will have waived your right to contest the Agency’s proposed action and a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought. If you have elected either OPTION TWO (2) or THREE (3) above and are interested in discussing a settlement of this matter with the Agency, please also mark and check this block. Mediation under Section 120.573, Flonda Statutes, is available in this matter if the Agency agrees. SEND _NO_ PAYMENT NOW - REGARDLESS OF THE OPTION SELECTED, PLEASE WAIT UNTIL YOU RECEIVE A COPY OF A FINAL ORDER FOR INSTRUCTIONS ON PAYMENT OF ANY FINES. Please sign and fill m your current address. Licensee: Licensee’s Representative (if any): Address: License No. and facility type: Telephone No.: PLEASE RETURN YOUR COMPLETED FORM TO: Agency for Health Care Administration, Attention: Agency Clerk, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308. Page 8 of 9 7 2009 13:23 Apr 14:36 2-209 APR = = a: Be uu ce fam ao x Fe a fam iin x= — oO = ig o tan lofifer 4 , mer ‘syuaidises presipayy ©} Papiacid ag [leys shep juayed yenuue 4270} 5, Ayo"; peq-0Z), ay) 40 JUADIAd Ops JO WAUETL Y ZSNOLLIGNOD *$}S03 USIJONASUOS u! oo0'eLs SBAPOALT safoad SUL “SPO6# NOD PUE OS6B# NOD parcidde ayy 0} spaq Bulsunu pares znoj ppy -NOLdRMOSIG L9aroud ¢ 119 Esigans LEORILSIa rang. :ALNnoa 200z '§ Joquiaydes, 731 vd NOLLYNIWYAL CaSiAay boog “2 (Pd¥ALWG NOLL YNIAHZL LO0e Tz s6qUIBAON, IOL STEST MSR ER PSTHE OBSoE o 001 001 BTS UORENIIQEU SY PEA IED IY LOE Qryes teep MLb66 ZZL8 0oc8 iV be ¥E ‘SUL ‘Pady arp soy amoyy royal -gqampeg pp Wizss Sc6iz %96'S8 asoreE oogEe a Oz1 ozt ‘ou ‘oHey A saudi GOT Tiggs £482 SEES pOOSE OPEZE a. SIT SLI AYTAMOSHIEL FO ED LI syeyMSIO BLY i609) PRERE. “MPEES F880r = OOREr (Ya | OzT JOURPL IA COG 16h MSRZ NOR PE LETS st209 Qo Sor sor QOeag OTMAMOSAIES Ve ETA WEAY Ge '68E SRG %IPOG 6ILeZ ago a rg soa) srestyeaH MMI RTT Qmmoy pean £ SEQ sipqag Al[peg jo amen a1990 SAVE | SAVE | TWLOL O80 ~4aS “T¥EQR Nae WW [Pas ame) TOL WOTVLOL INDLYE daa | ‘ons 190 -Inr ‘OWS aay NWS shog pasmasr] YOAW d¥vo mn : . Ss SOOT TE AAMAADAG - 9007 ‘TI AVON SO/TT-9NTO STVLOL ATHRDA OD Aa ST¥.LOL TYONNY SA¥d daa ® . a eC 9007 Aequrasag - 9907 LrenuEs) i cam NOLLVZITLLD GACH ONISUON & LORELSIG Apr 7 2009 13:24 856 921 @158 P2528 APR-S?-2669 14:37 AGENCY HEALTH CARE ADMIN -. cS } } Law Offices of JOHN F. GILROY, Ill, P.A. 1435 E. PIEDMONT DRIVE, SUITE 215 (850) 385-1368; FAX: (850) 422-0221 TALLAHASSEE, FL 32308 jgilroy3@comeast. net February 25, 2008 Mr. Steve Love Health Services & Facilities Consultant - Agency for Health Care Administration E C E i Vv c 2727 Mahan Drive, Building | 5 Tallahassee, FL 32308 FEB 2 3 2008 Con/Financiat Analysis Office Re: . CON Nos. 8950 / 9045/9200 Mail Stop 28 Life Care Center of Jacksonville CON Condition Compliance (2006) * Dear Mr. Love: Please accept this letter and attachments as the formal report by Life Care Center of Jacksonville concerning its‘CON Condition Compliance for calendar year 2006. I have been authorized by the owner and licensee of the facility to act as its authorized representative for purposes of filing this report. Per Rule 59C-1.013(4)(a), Florida Administrative Code: * The time period covered by this report is January — December, 2006. * The measure for assessing compliance with the Medicaid condition is to determine total patient days for the year and divide by the number of Medicaid-eligible patient days for the year. : ¢ The data used was the facility’s internal census tracking information generated on a monthly basis (See Attachment 1). ¢ The compliance report is being submitted by the undersigned under the authority of the facility administrator and licensee of the facility, Requirement for 54.60% Medicaid Patient Days The facility provided a total of 38,432 total patient days of care in calendar year 2006. Of that number, 5.688 days of care were provided to residents as “traditional” Medicaid days; an additional 276 days were provided to Medicaid-eligible hospice residents; and 1,292 days of care were provided to residents who were continually Medicaid-eligible but for whom our facility was reimbursed under the Medicare program for those particular days. These are typically residents of our facility who require hospitalization and upon retum to the Life Care facility are temporarily eligible for a limited amount of Medicare reimbursement, therefore they are sometimes referred to as “dually-elipible”. c EXHIBIT ; Cc Apr 7 2009 13:25 APR-G?-2889 14:38 AGENCY HEALTH CARE ADMIN 856 921 4158 } The total patient days, and percentage of days, in each of the three categories described above are set out in spreadsheet covering all Life Care Center facilities in Florida submitting CON condition compliance data, (See Attachment 2). Life Care Center of Jacksonville provided a total of 7,256 patient days to patients eligible for care under Title XIX of the Social Security Act. That number equates to 18.88% of all patient days. P. 26/28 Conclusion While it appears that Life Care Center of Jacksonville has not strictly met its condition of 34.60% for CY 2006, we have provided additional documentation and discussion to support a finding by the Agency that Life Care is in substantial compliance with these requirements. (See Attachment 3). Thank you again for your consideration and attention to this matter. If you have any questions or require additional information, please feel free to contact me directly. With best regards, John F. 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Docket for Case No: 09-001774

Issue Date	Proceedings
Dec. 19, 2011	Settlement Agreement filed.
Dec. 19, 2011	Agency Final Order filed.
Sep. 30, 2009	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Sep. 28, 2009	CASE STATUS: Motion Hearing Held.
Sep. 28, 2009	Agency's Response to Life Care's Respondent's Renewed Motion in Limine (signed) filed.
Sep. 28, 2009	Response to Agency's Motion to Strike Life Care's Exhibits for Trial and Motion to Strike AHCA's Exhibits (with exhibits attached) filed.
Sep. 28, 2009	Motion for Extension of Time to File Pre-hearing Stipulation filed.
Sep. 25, 2009	Agency's Response to Life Care's, Respondent's Renewed Motion in Limine (unsigned) filed.
Sep. 25, 2009	Response to Agency's Motion to Strike Life Care's Exhibits and Motion to Strike AHCA's Exhibits filed.
Sep. 25, 2009	Agency's Response to Respondent's Motion to Compel the Continuance of the of the Deposition of James McLemore and Motion for Protective Order filed.
Sep. 25, 2009	Motion to Relinquish Jurisdiction filed.
Sep. 25, 2009	Respondents' Renewed Motion in Limine and/or Motion for Protective Order filed.
Sep. 24, 2009	Amended Notice of Telephonic Hearing filed.
Sep. 24, 2009	Notice of Telephonic Hearing filed.
Sep. 23, 2009	Respondents' Motion to Compel the Continuance of the Deposition of James McLemore filed.
Sep. 22, 2009	Agency's Motion to Strike Life Care's Exhibits for Trial filed.
Sep. 21, 2009	(Life Care's) Exhibit List filed.
Sep. 16, 2009	Agency's September 18, 2009, Exhibit List filed.
Sep. 11, 2009	Order (motion is granted and James Weigard may be deposed starting at 1:00 p.m. on September 15, 2009, until completed).
Sep. 10, 2009	CASE STATUS: Motion Hearing Held.
Sep. 10, 2009	Amended Notice of Taking Deposition Duces Tecum filed.
Sep. 10, 2009	Respondent's Motion for Rescheduling Deposition filed.
Sep. 10, 2009	Notice of Taking Depostion Duces Tecum filed.
Sep. 02, 2009	Notice of Cancellation of Deposition Duces Tecum filed.
Sep. 01, 2009	Life Care's Exhibit List (exhibits not attached) filed.
Aug. 31, 2009	Agency's August 31, 2009, Echibit List (exhibits not attached) filed.
Aug. 31, 2009	Order (on or before September 10, 2009, Respondents shall serve responses to the Agency's third set of interrogatories, item 4 (1) through (d).
Aug. 28, 2009	Response to Agency's Motion for Order Setting Depositions and Fourth Motion to Compel filed.
Aug. 26, 2009	Third Request for Admissions filed.
Aug. 26, 2009	Agency's Motion for Entry of Order Setting Depositions, and Agency's Fourth Motion to Compel, Fla.R.Civ.P 1.380, or for Expedited Discovery filed.
Aug. 26, 2009	Notice of Taking Deposition Duces Tecum (of W. Smith) filed.
Aug. 26, 2009	Third Amended Notice of Taking Deposition Duces Tecum filed.
Aug. 25, 2009	Amended Notice of Taking Deposition Duces Tecum (of S. Love) filed.
Aug. 25, 2009	Amended Notice of Taking Deposition Duces Tecum (of J. McLemore) filed.
Aug. 25, 2009	Notice of Taking Deposition Duces Tecum (of R. Fitch) filed.
Aug. 25, 2009	Amended Notice of Taking Deposition Duces Tecum (of C. Green) filed.
Aug. 25, 2009	Amended Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Aug. 25, 2009	Order (Agency's Motion to Allow Telephonic Deposition of Witnesses is granted).
Aug. 24, 2009	Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses filed.
Aug. 24, 2009	Notice of Taking Deposition Duces Tecum (Dave Malone) filed.
Aug. 24, 2009	Notice of Taking Deposition (Jeff Feller) filed.
Aug. 24, 2009	Notice of Taking Depositon Duces Tecum (Barbara Martinez) filed.
Aug. 24, 2009	Notice of Taking Deposition Duces Tecum (Karen Van Caulil) filed.
Aug. 24, 2009	Notice ofTaking Deposition Duces Tecum (Adrian Peach) filed.
Aug. 20, 2009	Second Amended Notice of Taking Deposition Duces Tecum filed.
Aug. 19, 2009	Order (exhibits shall not be pre-filed with the Division of Administrative Hearings unless specifically ordered).
Aug. 19, 2009	Notice of Serving Respondent Life Care Center's Answers to AHCA's Third Set of Interrogatories filed.
Aug. 19, 2009	Respondent, Life Care Center's Responses to AHCA's Third Request for Admissions filed.
Aug. 19, 2009	Respondent, Life Care Centers' Responses to AHCA's Second Request for Production of Documents filed.
Aug. 19, 2009	Notice of Serving Respondent Life Care Center's Answers to AHCA's Second Set of Interrogatories filed.
Aug. 19, 2009	Order Re-scheduling Hearing (hearing set for October 5 through 9, 2009; 9:00 a.m.; Tallahassee, FL).
Aug. 18, 2009	CASE STATUS: Motion Hearing Held.
Aug. 18, 2009	Notice of Telephone Conference Number filed.
Aug. 18, 2009	Schedule of Depositions filed.
Aug. 17, 2009	Agency's Response to Life Care Center of Winter Haven's First Request for Production of Documents to the Agency for Health Care Administration filed.
Aug. 17, 2009	Notice of Service of Agency's Responses to Interrogatories from Respondent Life Care of Winter Haven filed.
Aug. 17, 2009	Response to Agency's Third Motion to Compel filed.
Aug. 17, 2009	Final Witness List filed.
Aug. 14, 2009	Order (on or before 5:00 p.m., August 17, 2009, parties shall file a joint proposed schedule).
Aug. 13, 2009	Agency's Third Motion to Compel, Fla.R.Civ.P. 1.380, and for Order Setting Depositions filed.
Aug. 13, 2009	Revised Notice of Taking Deposition Duces Tecum (of J. Thomas, J. Sorel) filed.
Aug. 13, 2009	Amended Notice of Taking Deposition Duces Tecum (of C. Murray, S. Ziegler) filed.
Aug. 12, 2009	Order (Agency's Second Motion to Compel is denied, Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses is granted).
Aug. 12, 2009	Agency's Second Agreed Motion to Allow Telephonic Deposition of Witnesses, Rule 28-106.206, Fla. Admin. Code, Rule 1.310(b)(7), Fla.R.Civ.P. filed.
Aug. 12, 2009	Response to Agency's Second Motion to Compel filed.
Aug. 12, 2009	Notice of Taking Deposition Duces Tecum (of Respondents) filed.
Aug. 11, 2009	Notice of Taking Deposition Duces Tecum filed.
Aug. 11, 2009	Order (Agency's motion to strike is granted as to the portion of the second amended petitions).
Aug. 10, 2009	Affidavit of James B. McLemore in Support of Agency's Reply filed.
Aug. 10, 2009	Agency's Reply Pursuant to Order of July 28, 2009 filed.
Aug. 03, 2009	Life Care's Response to Agency's Motion to Strike Second Amended Petitions, Motion to Dismiss and (Second) Motion to Relinquish Jurisdiction filed.
Aug. 03, 2009	Notice of Unavailability filed.
Jul. 31, 2009	Agency's Second Motion to Compel, Fla. R. Civ. P. 1.380 filed.
Jul. 31, 2009	Agency's Final Witness List filed.
Jul. 28, 2009	Order (on or before August 10, 2009, the Agency shall file a reply and discuss any agency precedent).
Jul. 24, 2009	Agency's Motion to Strike Care's Second Amended Petition for Formal Administrative Proceedings in each of the above-Styled Consolidated Matters, Agency's Motion to Dismiss the Above-Styled Matters and to Relinquish Jurisdiction of the Above-Styled Matters to the Agency for Informal Hearing filed.
Jul. 20, 2009	Supplemental Response to AHCA's Interrogatories Numbers 1,3,4 and 5 filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceeding (Port St. Lucie) filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceeding (Orlando) filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceeding (Citrus) filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceedings (Ocala) filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceedings (Jacksonville) filed.
Jul. 20, 2009	Second Amended Petition for Formal Administrative Proceeding (Winter Haven) filed.
Jul. 20, 2009	Agency's Supplement to Discover Pursuant to Order Granting Continuance, Re-Scheduling Hearing and Ruling on Pending Motions filed.
Jul. 20, 2009	Third Request for Admissions filed.
Jul. 20, 2009	Notice of Service of Agency's Third Set of Interrogatories to Respondent Life Care Facilities in the Consolidated Cases filed.
Jul. 17, 2009	Life Care Center of Winter Haven's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jul. 17, 2009	Notice of Service of Life Care Center of Winter Haven's First Set of Interrogatories to Agency for Health Care Administration filed.
Jul. 15, 2009	Agency's Second Request for Production of Documents filed.
Jul. 15, 2009	Notice of Service of Agency's Second Set of Interrogatories to Respondent Life Care Facilities in the Consolidated Cases filed.
Jul. 15, 2009	Order (motion in limine is denied without prejudice).
Jul. 14, 2009	Notice of Posponement of Taking Deposition Duces Tecum filed.
Jul. 14, 2009	Agency's Response to Life Care's Respondent's Motion in Limine filed.
Jul. 14, 2009	Notice of Postponement of Taking Deposition Duces Tecum of AHCA Witnesses filed.
Jul. 14, 2009	Order (Agency's Motion to Allow Telephonic Deposition of Witnesses is granted).
Jul. 13, 2009	Order Granting Continuance and Re-scheduling Hearing and Ruling on Pending Motions (hearing set for September 21 through 25, 2009; 9:00 a.m.; Tallahassee, FL).
Jul. 13, 2009	Notice of Taking Deposition Duces Tecum (Jeff Thomas, Darelyn Talbott, Michael Zomchek, and Janet Sorel) filed.
Jul. 13, 2009	Agency's Agreed Motion to Allow Telephone Deposition of Witnessess filed.
Jul. 13, 2009	Agency's Response to Life Care's Respondent's Motion to Compel filed.
Jul. 13, 2009	Respondents' Motion in Limine filed.
Jul. 10, 2009	Objection to Notice of Deposition Duces Tecum filed.
Jul. 10, 2009	Agency's Response to Life Care's Respondent's Supplement to Motion to Continue Final Hearing/Memorandum filed.
Jul. 10, 2009	Affidavit of James B. McLemore in Support of Agency's Response and Motion to Strike filed.
Jul. 10, 2009	Notice of Taking Deposition Duces Tecum (of J. Gregg) filed.
Jul. 10, 2009	Notice of Taking Deposition Duces Tecum (of J. McLemore) filed.
Jul. 10, 2009	Notice of Taking Deposition Duces Tecum (of C. Green) filed.
Jul. 10, 2009	Notice of Taking Deposition Duces Tecum (of S. Love) filed.
Jul. 09, 2009	Agency's Renewed Motion to Compel filed.
Jul. 09, 2009	Respondents' Motion to Compel filed.
Jul. 08, 2009	Exhibit B of Respondents' Supplement to Motion to Continue/Memorandum filed.
Jul. 07, 2009	Response to Agency's Motion to Compel filed.
Jul. 07, 2009	Respondents' Supplement to Motion to Continue Final Hearing/Memorandum filed.
Jul. 06, 2009	Affidavit of James B. McClemore in Support of Agency's Response and Motion to Strike filed.
Jul. 06, 2009	Agency's Memorandum in Response to Life Care's Memorandum to Elaborate on Position for Trial and Motion to Strike filed.
Jul. 02, 2009	Agency's Motion to Compel, Fla. R.Civ. P 1.380 filed.
Jul. 02, 2009	Order (Agency's requests for official recognition are denied).
Jul. 01, 2009	Agency's Response to Life Care's Respondent's Motion to Continue Final Hearing filed.
Jun. 29, 2009	Respondents' Response to Agency's First, Second, and Third Requests for Official Recognition, Section 120.569(2)(i), Florida Statutes filed.
Jun. 29, 2009	Respondents' Motion to Continue Final Hearing filed.
Jun. 26, 2009	Notice of Appearance (filed by J. Gilroy).
Jun. 24, 2009	Memorandum to Elaborate on Position for Trial filed.
Jun. 22, 2009	Agency's Response to Life Care Center of Ocala's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009	Notice of Service of Agency's Responses to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Ocala filed.
Jun. 22, 2009	Agency's Third Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 22, 2009	Agency's Response to Life Care Center of Citrus County's First Request for Prodcution of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009	Affidavit of James B. McClemore in Support of Agency's First Request for Official Recognition filed.
Jun. 22, 2009	Affidavit of James B. McClemore in Support of Agency's Third Request for Official Recognition filed.
Jun. 22, 2009	Agency's Second Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 22, 2009	Affidavit of James B. McClemore in Support of Agency's Second Request for Official Recognition filed.
Jun. 22, 2009	Notice of Service of Agency's Responses to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Citrus County filed.
Jun. 22, 2009	Agency's Response to Life Care Center of Citrus County's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009	Agency's Response to Life Care Center of Port St. Lucie's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jun. 22, 2009	Notice of Service of Agency's Response to First Set of Interrogatories Propounded to Agency by Life Care Health Resources, Inc., d/b/a Life Care Center of Port St. Lucie filed.
Jun. 22, 2009	Agency's First Request for Official Recognition, 120.569(2) (i), Fla. Stat. filed.
Jun. 08, 2009	Order (AHCA's motion to relinquish jurisdiction is denied).
Jun. 05, 2009	CASE STATUS: Motion Hearing Held.
Jun. 03, 2009	Notice of Telephonic Hearing filed.
Jun. 02, 2009	Notice of Service of Life Care Center of Citrus County's First Set of Interrogatories to Agency for Health Care Administration filed.
Jun. 02, 2009	Life Care Center of Citrus County's First Request for Production of Documents to the Agency for Health Care Administration filed.
May 29, 2009	Response to Motion to Relinquish Jurisdiction filed.
May 22, 2009	Notice of Filing Affidavit Regarding Motion to Relinquish Jurisdiction filed.
May 22, 2009	Request for Oral Argument filed.
May 22, 2009	Motion to Relinquish Jurisdiction filed.
May 22, 2009	Life Care Center of Ocala's First Request for Production of Documents to the Agency for Health Care Administration (filed in Case No. 09-1775).
May 22, 2009	Notice of Service of Life Care Center of Ocala's First Set of Interrogatories to Agency for Health Care Administration (filed in Case No. 09-1775).
May 22, 2009	Notice of Service of Life Care Center of Port St. Lucie's First Set of Interrogatories to Agency for Health Care Administration filed.
May 22, 2009	Life Care Center of Port St. Lucie's First Request for Production of Documents to the Agency for Health Care Administration filed.
May 13, 2009	Respondent, Life Care Center of Orlando`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009	Notice of Serving Respondent Life Care Center of Orlando`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009	Respondent, Life Care Center of Orlando`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009	Notice of Serving Respondent Life Care Center of Port St. Lucie`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009	Respondent, Life Care Center of Port St. Lucie`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009	Respondent, Life Care Center of Jacksonville`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009	Notice of Serving Respondent Life Care Center of Jacksonville`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009	Respondent, Life Care of Ocala`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009	Notice of Serving Respondent Life Care Center of Ocala`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009	Respondent, Life Care Center of Winter Haven`s Responses to AHCA`s First Request for Production of Documents filed.
May 13, 2009	Notice of Serving Respondent Life Care Center of Winter Haven`s Answers to AHCA`s First Set of Interrogatories filed.
May 13, 2009	Respondent, Life Care Center of Port St. Lucie`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009	Respondent, Life Care Center of Jacksonville`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009	Respondent, Life Care Center of Ocala`s Responses to AHCA`s First Request for Admissions filed.
May 13, 2009	Respondent, Life Care Center of Winter Haven`s Responses to AHCA`s First Request for Admissions filed.
May 07, 2009	Notice of Appearance of Counsel (of R. Saliba) filed.
Apr. 23, 2009	Order of Pre-hearing Instructions.
Apr. 23, 2009	Order of Consolidation (DOAH Case No. 09-2146 was added to consolidated batch).
Apr. 10, 2009	Notice of Service of Agency`s First Set of Interrogatories to Life Care Health Resources, Inc., d/b/a Life Care Center of Orlando filed.
Apr. 10, 2009	Notice of Service of Agency`s First Set of Interrogatories to Life Care Health Resources, Inc., d/b/a Life Care Center of Jacksonville filed.
Apr. 09, 2009	Notice of Service of Agency`s First Set of Interrogatories to Life Care Health Resources, Inc., d/b/a Life Care Center of Ocala filed.
Apr. 09, 2009	Notice of Service of Agency`s First Set of Interrogatories to Life Care Health Resources, Inc., d/b/a Life Care Center of Winter HAven filed.
Apr. 09, 2009	Notice of Hearing (hearing set for July 27 through 31, 2009; 9:00 a.m.; Tallahassee, FL).
Apr. 09, 2009	Notice of Service of Agency`s First Set of Interrogatories to Life Care Health Resources, Inc., d/b/a Life Care Center of Port St. Lucie filed.
Apr. 09, 2009	Order of Consolidation (DOAH Case Nos. 09-1772, 09-1773, 09-1774, 09-1775, and 09-1776).
Apr. 07, 2009	Notice of Related Petitions filed. (DOAH Case No.`s 09-1772, 09-1773, 09-1774, 09-1775, and 09-1776)
Apr. 07, 2009	Administrative Complaint filed.
Apr. 07, 2009	Petition for Formal Administrative Proceeding filed.
Apr. 07, 2009	Amended Petition for Formal Administrative Proceeding filed.
Apr. 07, 2009	Notice (of Agency referral) filed.
Apr. 07, 2009	Initial Order.

Orders for Case No: 09-001774

Issue Date	Document	Summary
Dec. 15, 2011	Agency Final Order