STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

FILED

AHCA

AGE NCY CLERK

20!0 JUL 20 A 7: 30

Petitioner, AUDIT NO. C.I. 10-9721-000

V.

KENETRA JOHNSON as representative of ROSE GARDEN ENTERPRISES, INC.,

Respondent.

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FINAL ORDER

THIS CAUSE concerns a Petition for Formal Hearing ("Petition") that the Respondent filed on October 15, 2009.

On November 3, 2009, the Agency Clerk referred the Petition to the Division of Administrative Hearings ("DOAH") for further proceedings.

On December 7, 2009, the administrative law judge assigned to the case entered an Order Closing File based on the parties' representation that they had settled the matter.

On May 25, 2010, counsel for Petitioner filed a Motion for Order to Show Cause ("Motion"), stating that the Respondent had paid the fine that was at issue in the matter but had not communicated with counsel for Petitioner regarding a resolution of the matter.

On June 2, 2010, the Agency Clerk entered an Order granting the Petitioner's Motion and giving the Respondent ten days in which to show cause why the matter should not be dismissed

by final order based on the Respondent's apparent abandonment of its right to a hearing.

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Filed July 20, 2010 4:08 PM Division of Administrative Hearings.

On June 14, 2010, the Respondent filed a Notice of Voluntary Dismissal, voluntarily dismissing its Petition.

Based upon the foregoing,

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

The Petition is dismissed, and the Agency's September 16, 2009 letter imposing a $1,000 fine on the Respondent is hereby upheld. The Respondent has paid the fine, and this matter is now closed.

DONE and ORDERED this }b day of _:S°_¾_\ '2010, in Tallahassee,

Florida.

THOMAS W. ARNOLD, Secrdtary

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

furnished by U.S. or interoffice mail to the persons named below on this --tf]:_:_ day of

*2010.

fJ/11

RI HARD . SHOOP, Agency C

Agency fi Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Honorable Suzanne F. Hood Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Tracie L. Hardin, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308

Robert W. Bauer, Esquire

Law Offices of Robert W. Bauer, P.A. 2815 Northwest 13th Street, Suite 200E Gainesville, Florida 32609

Medicaid Program Integrity

Agency for Health Care Administration 2727 Mahan Drive, MS #4

Tallahassee, Florida 32308

Henry Evans

Finance & Accounting

Docket for Case No: 09-006045MPI

Orders for Case No: 09-006045MPI