STATE OF FLORIDA . ,\ !: < i;

AGENCY FOR HEALTH CARE ADMINISTRATION r'::Y CY :-u· .::,

20!1 OCT - LJ /\ 8: 41 .

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF OCALA,

Petitioner, DOAH CASE NO.: 09•6207CON ACHA CASE NO.: 2009012614

vs. CON NO.: 7923

RENDITION NO.: AHCA-11- /tJ£,J -5-0LC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. /

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF ORLANDO,

vs.

Petitioner,

DOAH CASE NO.: 09-6208CON AHCA CASE NO.: 2009012615 CON NO.: 9204

STATE OF FLORIDA,. AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. /

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF WINTER HAVEN,

vs.

Petitioner,

DOAH CASE NO.: 09-6209CON AHCA CASE NO.: 2009012616 CON NO.: 8835

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

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Filed April 12, 2012 10:38 AM Division of Administrative Hearings

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF PORT ST. LUCIE,

vs.

Petitioner,

DOAH CASE NO.: 09-6210CON AHCA CASE NO.: 2009012617 CON NO.: 8975

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

/

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF CITRUS COUNTY,

vs.

Petitioner,

DOAH CASE NO.: 09,.;6211CON AHCA CASE NO.: 2009012618 CON NO.: 8090

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. /

LIFE CARE CENTERS OF AMERICA, INC. d/b/a LIFE CARE CENTER OF JACKSONVILLE,

vs.

Petitioner,

DOAH CASE NO.: 09-6212CON AHCA CASE NO.: 2009012619 CON NO.: 9200

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent. /

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the modification of the Certificate of Need ("CON") compliance conditions for CON 7923, filed by Life Care Center of Ocala; CON 9204, filed by Life Care Center of Orlando; CON 8835, filed by Life Care Center of Winter Haven; CON 8975, filed by Life Care Center of Port St. Lucie; CON 8090, filed by Life Care Center of Citrus; and CON 9200, Life Care Center of Jacksonville (collectively hereinafter "Life Care"). The Agency preliminarily denied Life Care's modification of the CON compliance condition modifications. Composite Exhibit 1.

Thereafter, Life Care timely filed a Petition for Formal Administrative Hearing with respect to the denials of CON 7923, DOAH Case No. 09-6207, and CON 9204, DOAH Case No. 09-6208, CON 8835, DOAH Case No. 09-6209;, CON 8975, DOAH Case No. 09-6210; CON 8090, DOAH Case No. 09-6211; and CON 9200, DOAH Case No.

09-6212 which the Agency Clerk forwarded to the Division of Administrative Hearings ("DOAH").

On November 13, 2009, DOAH entered an Order of Consolidation of the four cases.

On May 16, 2011, DOAH entered an Order Continuing Case in Abeyance (with the parties to advise status by June 29, 2011).

Prior to Final Hearing, the Agency entered into a Settlement Agreement with Life Care, which is attached hereto as Exhibit 2. The Agency agrees to modify and Life Care accepts these CON compliance conditions as follows upon execution of this agreement:

As to CON 7923, Life Care Center of Ocala, requested a reduction of the Medicaid condition from 33.0% to 25.0% of the facility's total annual patient days. The Agency agrees to modify this condition to 25%.

As to CON 9204, Life Care Center of Orlando, requested a reduction of the Medicaid condition from 31.19% to 20.0% of the facility's total annual patient days. The Agency agrees to modify this Medicaid complian e condition to 20%.

As to CON 8835, Life Care Center of Winter Haven, the Medicaid compliance condition shall remain at the current condition of 45%.

As to CON 8975, Life Care Center of Port St. Lucie, requested a reduction of the Medicaid condition from 47% to 30.0% of the facility's total annual patient days. The Agency agrees to modify this Medicaid compliance condition to 30%.

As to CON 8090, Life Care Center of Citrus County, requested a reduction of the Medicaid condition from 45.64 to 30.0 percent of the facility's total annual patient days. The Agency agrees to modify this Medicaid compliance condition to 30%.

As to CON 9200, Life Care Center of Jacksonville, requested a reduction of the Medicaid condition from 54.6% to 19.0% of the facility's total annual patient days and an additional request to amend the prior request from 19.0% to 17.0%. The Agency agrees to modify this Medicaid compliance condition to 17%.

All of these compliance modifications that the Agency is to issue are contingent upon all outstanding fines by any Life Care facility that is.a party to this agreement having been paid in full to the Agency.

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 including modification of the conditions upon payment of any fines.

2. The above-styled cases are hereby closed.

DONE AND ORDERED this :t-'t day of 2011,

in Tallahassee, Florida.

NOTICE OF RIGHT TO .JUDICIAL REVl

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 tf75:--aay of·

2011.

COPIES FURNISHED TO:

RICHARD . OOP, ency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mall Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Charles A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Jay Adams, Esquire Broad and Cassel

215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, Florida 32302

Attorney for Life Care Centers of America (U.S. Mall)

James H. Harris, Esquire

Agency for Health Care Administration 525 Mirror Lake Drive, North, No. 330D St. Petersburg, Florida 33701 (Interoffice Mail)

Richard Joseph Saliba, Esquire

• Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS 3 Tallahassee, Florida 32308 (Interoffice Mail)

Jan Mills

Government Analyst II Facilities Intake Unit .

Agency for Health Care Administration (Interoffice Mail)

Docket for Case No: 09-006207CON

Orders for Case No: 09-006207CON