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AGENCY FOR HEALTH CARE ADMINISTRATION vs LOVE AND TENDERNESS, INC., D/B/A LOVE AND TENDERNESS, 09-002988 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002988 Visitors: 1
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: LOVE AND TENDERNESS, INC., D/B/A LOVE AND TENDERNESS
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: May 29, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 1, 2009.

Latest Update: Jan. 12, 2010
AHCA v Love And Tenderness Inc dba Love And Tenderness


/\ HG}\

STATE OF FLORIDA AG E! CY CL ER K

AGENCY FOR HEALT CARE ADMINISTRAT r JAN _ 8 A II: 58

STATE OF FLORIDA, AGENCY F R HEALTH CARE ADMINISTRATION,


Petitioner,

AHCA No.: 2009005093

v. DOAH No.: 09-2988

RENDITION NO.: AHCA-10- IJC!Rt> -S-OLC

LOVE AND TENDERNESS INC. d/b/a

LOVE AND TENDERNESS,


Respondent.


FINAL ORDER


Having reviewed the administrative complaint dated May 13, 2009, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Exhibit 2) with the other party to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows:

ORDERED:


  1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.


    Filed January 12, 2010 11:44 AM Division of Administrative Hearings.

    1


  2. Upon full execution of this Final Order the parties agree to the following:

    1. For purposes of settlement, Count I [Tag A700] will be reduced to a Class II deficiency;

    2. Respondent agrees to pay $2,000.00 in administrative fines to the Agency within thirty (30) days of the entry of the Final Order.

  3. A check should be made payable to the "Agency for Health Care Administration." The check, along with a reference to this case number, should be sent directly to:

    Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

    2727 Mahan Drive, MS # 14

    Tallahassee, Florida 32308


  4. Unpaid amounts pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available.

  5. Each party shall bear its own costs and attorney's fees.


  6. The above-styled case is hereby closed.


DONE and ORDERED this _2_day of , 20..V,


in Tallahassee, Leon County, Florida.


Thom ,

Agency f h Care Administrati


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:


Michael P. Gennett, Esq. Attorney for Respondent Akerman Senterfitt

One S. E. Third Avenue 25th Floor

Miami, Florida 33131 (U. S. Mail)

Alba M. Rodriguez, Esq. Assistant General Counsel Agency for Health Care Administration

8350 N. W. 52 Terrace - Suite 103

Miami, Florida 33166 (Interoffice Mail)

Finance & Accounting Agency for Health Care Administration

2727 Mahan Drive, MS #14

Tallahassee, Florida 32308 (Interoffice Mail)

Eleanor M. Hunter Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, Florida 32399

Jan Mills

Agency for Health Care Administration

2727 Mahan Drive, Bldg #3, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)


' .


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of this Final Order was


ry/ ,

served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the 'i>p.day of 20/0.


Richard J. Shoop Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Building #3

Tallahassee, Florida 32308

(850) 922-5873


A


Docket for Case No: 09-002988
Issue Date Proceedings
Jan. 12, 2010 Settlement Agreement filed.
Jan. 12, 2010 Agency Final Order filed.
Oct. 01, 2009 Order Closing File. CASE CLOSED.
Sep. 30, 2009 Agreed Motion to Close File and Relinquish Jurisdiction with Leave to Reopen filed.
Sep. 14, 2009 Return of Service (to M. Gennett) filed.
Sep. 09, 2009 Re-notice of Taking Deposition Duces Tecum (of G. Gomez, E. Reyes, L. Quintana) filed.
Sep. 09, 2009 Respondent's Notice of Taking Deposition (of O. Corrales) filed.
Sep. 08, 2009 Respondent's Re-Notice of Taking Deposition filed.
Sep. 03, 2009 Respondent's Notice of Taking Deposition (of D. Heiberg) filed.
Aug. 26, 2009 Notice of Taking Deposition Duces Tecum filed.
Aug. 24, 2009 Order of Pre-hearing Instructions.
Aug. 24, 2009 Notice of Hearing by Video Teleconference (hearing set for October 9, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Aug. 20, 2009 Respondents Answers to Interrogatories filed.
Aug. 20, 2009 Order Granting Agreed Motion to Expedite Response to Interrogatory and Requiring Response to Initial Order.
Aug. 19, 2009 Petitioner's First Request for Interrogatories filed.
Aug. 19, 2009 Agreed Motion for Order to Expedite Response to First Interrogatories filed.
Jul. 28, 2009 Joint Response to Initial Order filed.
Jun. 30, 2009 Second Joint Motion for Extension of Time to Respond to Initial Order filed.
Jun. 08, 2009 Order Granting Extension of Time (response to Initial Order to be filed by July 8, 2009).
Jun. 05, 2009 Joint Motion for Extension of Time to Respond to Initial Order filed.
Jun. 01, 2009 Initial Order.
May 29, 2009 Administrative Complaint filed.
May 29, 2009 Petition for Formal Administrative Hearing filed.
May 29, 2009 Notice (of Agency referral) filed.

Orders for Case No: 09-002988
Issue Date Document Summary
Jan. 08, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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