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AGENCY FOR HEALTH CARE ADMINISTRATION vs THE MUNNE GROUP, INC., D/B/A MUNNE CENTER, INC., 11-000264 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000264 Visitors: 4
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: THE MUNNE GROUP, INC., D/B/A MUNNE CENTER, INC.
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jan. 20, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 4, 2011.

Latest Update: May 23, 2011
11000264AFO


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


v. AHCA No.: 2010013246

DOAH No.: 11-0264

MUNNE CENTER, INC. d/b/a MUNNE RENDITION NO.: AHCA-11-05.:{l -s-oLc

CENTER, INC.,


Respondent.



FINAL ORDER

Having reviewed the administrative complaint dated December 21, 2010, 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.



  2. Upon full execution of this Agreement, Respondent agrees to pay


    $1,500.00 to the Agency within thirty (30) days of the entry of the Final Order. The payment will be made as follows:

    1. Respondent shall remit $327.41 to Resident #l's Patient Representative. The name and address will be provided by separate cover.

    2. At the conclusion of the 30-day period, the Respondent shall provide to the Agency written confirmation and documentation that the Resident's refund has been made. The written confirmation and documentation shall be submitted to the Agency's Legal Department. The contact information is as follows:

      Alba M. Rodriguez, Esq.

      Agency of Health Care Administration 8333 N. W. 53 rd Street - Suite 300

      Doral, Florida 33166


    3. Respondent will remit a check in the amount of $1,172.59 made payable to the Agency for Health Care Administration. The check will be mailed to:

      Office of Finance and Accounting Revenue Management Unit

      Agency for Health Care Administration 2727 Mahan Drive - MS # 14 Tallahassee, Florida 32308


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


  4. The above-styled case is hereby closed.


DONE and ORDERED this 20 day of AJc , 2011,

in Tallahassee, Leon County, Florida.

· /4(_

Elizcl th de , Secretary

Ag cy for th Care 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:


Sean M. Ellsworth, Esq. Attorney for Respondent Ellsworth Law Firm, P.A. 1501 Collins Avenue

Suite 208

Miami Beach, Florida 33139 (U. S. Mail)

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

8333 N. W. 53rd Street Miami, Florida 33166

Suite 300

Miami, Florida 33166 (Interoffice Mail)

Finance & Accounting

Stuart M. Lerner

Agency for Health Care

Administrative Law Judge

Administration

Division of Administrative Hearings

2727 Mahan Drive, MS #14

1230 Apalachee Parkway

Tallahassee, Florida 32308

Tallahassee, Florida 32399

(Interoffice Mail)

(U.S. Mail)

Jan Mills


Unit Manager

Agency for Health Care


Assisted Living Facility Unit Program

Administration


Agency for Health Care

2727 Mahan Drive, Bldg #3,

MS #3

Administration

Tallahassee, Florida 32308


2727 Mahan Drive

(Interoffice Mail)


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 Y of _

       . '-- ,  

, 2011.


Rcichariiiih --==----

Agency Clerk

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

Tallahassee, Florida 32308

(850) 412-3630


Docket for Case No: 11-000264
Issue Date Proceedings
May 23, 2011 Settlement Agreement filed.
May 23, 2011 (Agency) Final Order filed.
Apr. 11, 2011 Transmittal letter from Claudia Llado forwarding Petitioner's proposed Exhibits numbered 1-3, to the agency.
Apr. 04, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Apr. 04, 2011 Motion to Close File and Relinquish Jurisdiction filed.
Apr. 01, 2011 Joint Prehearing Stipulation (with attachments) filed.
Apr. 01, 2011 Joint Prehearing Stipulation (without attachments) filed.
Apr. 01, 2011 Petitioner's (Proposed) Exhibits (exhibits not available for viewing)
Mar. 30, 2011 Order Directing Filing of Exhibits.
Mar. 30, 2011 Order of Pre-hearing Instructions.
Mar. 30, 2011 Amended Notice of Hearing by Video Teleconference (hearing set for April 5, 2011; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Hearing Date ).
Mar. 30, 2011 Order on Pending Motions (vacating Order of Consolidation, hearing in 11-0264 set for April 5, 2011, and hearing in 10-10003 set for hearing May 6, 2011).
Mar. 29, 2011 CASE STATUS: Motion Hearing Held.
Mar. 29, 2011 Petitioner's Amended Motion for Leave to Serve Amended Administrative Complaint and Motion for Continuance filed.
Mar. 28, 2011 Respondent Munne Center, Inc.'s Unilateral Pre-hearing Stipulation filed.
Mar. 28, 2011 Respondent Munne Center, Inc.'s Response to Petitioner's Motion for Leave to File an Amended Administrative Complaint filed.
Mar. 24, 2011 Notice of Service of Petitioner's Response to Respondent's Second Set of Interrogatories filed.
Mar. 23, 2011 Respondent Munne Center, Inc.'s Preliminary Response to Petitioner's Motion for Leave to file an Amended Complaint filed.
Mar. 23, 2011 Petitioner's Motion for Leave to File an Amended Administrative Complaint filed.
Mar. 17, 2011 Notice of Service of Amended Petitioner's Response to Respondent's Interrogatories filed.
Mar. 10, 2011 Respondent Munne Center, Inc.'s Notice of Serving Response to Interrogatories filed.
Mar. 09, 2011 Notice of Serving Response to Petitioner's Request fro Production filed.
Mar. 09, 2011 Amended Order Denying Motion to Relinquish Jurisdiction.
Mar. 08, 2011 Order Denying Motion to Relinquish Jurisdiction.
Mar. 03, 2011 Respondent Munne Center, Inc.'s Response in Opposition to Petitioner's Motion to Relinquish Jurisdiction (filed in Case No. 11-000264).
Feb. 28, 2011 Letter to Judge Lerner from A. Rodriguez requesting to postpone ruling until the transcript is filed.
Feb. 24, 2011 Petitioner's Motion to Relinquish Jurisdiction and to Have the Case Referred to the Agency for Informal Hearing (filed in Case No. 11-000264).
Feb. 24, 2011 Respondent Munne Center, Inc.'s Notice of Serving Second Request for Production filed.
Feb. 24, 2011 Respondent Munne Center, Inc.'s Notice of Serving Second Set of Interrogatories filed.
Feb. 21, 2011 Re-notice of Taking Deposition Duces Tecum (of M. Justo, Y. Villaescusa, and O. Munoz) filed.
Feb. 14, 2011 Notice of Taking Deposition Duces Tecum (Odalys Gonzalez) filed.
Feb. 14, 2011 Respondent, Munne Center, Inc.'s Notice of Serving First Set of Interrogatories filed.
Feb. 14, 2011 Respondent, Munne Center, Inc.'s Notice of Serving Response to Request for Admissions filed.
Feb. 02, 2011 Respondent Munne Center, Inc.'s Notice of Serving Response to Petitioner's First Request for Production filed.
Feb. 02, 2011 Notice of Service of AHCA's First Set of Request for Admissions, Interrogatories and Request for Production (filed in Case No. 11-000264).
Jan. 28, 2011 Order of Consolidation (DOAH Case Nos. 10-0003 and 11-0264).
Jan. 27, 2011 Joint Response to Initial Order filed.
Jan. 20, 2011 Initial Order.
Jan. 20, 2011 Notice (of Agency referral) filed.
Jan. 20, 2011 Petition for Formal Administrative Hearing filed.
Jan. 20, 2011 Administrative Complaint filed.

Orders for Case No: 11-000264
Issue Date Document Summary
May 20, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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