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AGENCY FOR HEALTH CARE ADMINSTRATION vs GENTIVA HEALTH SERVICES, INC., D/B/A GENTIVA HEALTH SERVICES, 10-007470 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-007470 Visitors: 2
Petitioner: AGENCY FOR HEALTH CARE ADMINSTRATION
Respondent: GENTIVA HEALTH SERVICES, INC., D/B/A GENTIVA HEALTH SERVICES
Judges: ELIZABETH W. MCARTHUR
Agency: Agency for Health Care Administration
Locations: Naples, Florida
Filed: Aug. 13, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 13, 2010.

Latest Update: Dec. 15, 2010
AHCA v Gentiva Health Services Inc dba Gentiva Health Services


STATE OF FLORIDA

o

AGENCY FOR HEALTH CARE ADMINISTRATION

20/0 DEC 15 A 8: I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


v.


CASE NO: 2009011619

10-7470

RENDITION NO.: AHCA-10- /J7+ -5-OLC


GENTIVA HEALTH SERVICES (CERTIFIED), I C. d/b/a GENTIVA HEALTH SERVICES,


Respondent.



FINAL ORDER


Having reviewed the administrative complaint dated July 7, 2010, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 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 December 15, 2010 10:53 AM Division of Administrative Hearings


  2. Respondent shall pay an administrative fine in the amount of Three Thousand Dollars ($3,000). The administrative fine is due and payable within thirty (30) days of the date of rendition of this Order.

  3. Checks should be made payable to the "Agency for Health Care Administration." The check, along with a reference to these case numbers, 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 fines pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available.

  5. Respondent's petition for formal administrative proceedings is hereby dismissed.

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


  7. The above-styled cases are hereby closed.

DONE and ORDERED this /'-( day of -r , 2010, in Tallahassee, Leon County, Florida.


rim Secretary

Ag re Administration


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:

Toni H. Burgess, Esq. Attorney for Respondent

3350 Riverwood Parkway, Suite 1400

Atlanta, Georgia 30339 (U. S. Mail)

Andrea M. Lang, Senior Attorney Agency for Health Care Administration

2295 Victoria Avenue, Room 346C

Fort Myers, Florida 33901 (Interoffice Mail)

Finance & Accounting Agency for Health Care Administration

Revenue Management Unit 2727 Mahan Drive, MS #14

Tallahassee, Florida 32308

(Interoffice Mail)

Elizabeth W. McArthur, Esq. Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 (U. S. Mail)

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 served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the /Oday of               /4/ , 2010.


Richard Shoop, Agency Cler

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

Tallahassee, Florida 32308-5403

(850) 412-3630


Docket for Case No: 10-007470

Orders for Case No: 10-007470
Issue Date Document Summary
Dec. 15, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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