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AGENCY FOR HEALTH CARE ADMINISTRATION vs ABINGDON AT TRADITION AND VIERA RETIREMENT CENTER, LLC, D/B/A THE RETREAT AT WATERSONG, 11-001019 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001019 Visitors: 7
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ABINGDON AT TRADITION AND VIERA RETIREMENT CENTER, LLC, D/B/A THE RETREAT AT WATERSONG
Judges: J. D. PARRISH
Agency: Agency for Health Care Administration
Locations: Viera, Florida
Filed: Feb. 25, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 19, 2011.

Latest Update: Jun. 06, 2011
11001019AFO


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


ZQII JUN - 3 ;\ 11: I 3


Petitioner,


vs.


VIERA RETIREMENT, LLC d/b/a RETREAT AT WATERSONG (THE),


Respondent.



STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Agency No. 2011001616

RENDITION NO.: AHCA-11- ou;zo-S-OLC



vs.

Petitioner,


DOAH No. 11-1019

Agency No. 2010013503


ABINGTON AT TRADITIONS and VIERA RETIREMENT, LLC d/b/a RETREAT AT WATERSONG (THE),


Respondent. /


FINAL ORDER


Having reviewed the Administrative Complaints dated January 24, 2011, and April 5, 2011, attached hereto and incorporated herein (Composite 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 parties to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows:

1

Filed June 6, 2011 4:17 PM Division of Administrative Hearings


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. Respondent shall pay, within thirty (30) days of the date of rendition of this Order, an administrative fine in the sum of three thousand six hundred dollars ($3,600.00) and a survey fee in the sum of five hundred dollars ($500.00) for a total assessment of four thousand one hundred dollars ($4,100.00).

  3. Checks 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. The Respondent's request for an administrative proceeding is hereby withdrawn.

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


  7. The above-styled cases are hereby closed.



in Tallahassee, Leon County, Florida.


El ,

Agen alth 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:


Jay Adams, Esq. Broad and Cassel

Counsel for Respondent

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301 (U.S. Mail)

Thomas F. Asbury, Senior Attorney Agency for Health Care Admin.

525 Mirror Lake Drive N. #330 St. Petersburg, Florida 33701 (Interoffice Mail)

Jan Mills

Agency for Health Care Admin. 2727 Mahan Drive, Bldg #3, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)

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

2727 Mahan Drive, MS #14

Tallahassee, Florida 32308 (Interoffice Mail)


J. D. Parrish Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, Florida 32399 (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 34a-Y of \ ) , 2011.


  c::§;

Richard Shoop, ::

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

Tallahassee, Florida 32308-5403

(850) 412-3630


Docket for Case No: 11-001019
Issue Date Proceedings
Jun. 06, 2011 Settlement Agreement filed.
Jun. 06, 2011 Agency Final Order filed.
Apr. 19, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Apr. 14, 2011 Joint Motion to Relinquish Jurisdiction filed.
Mar. 30, 2011 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 9, 2011; 9:00 a.m.; Viera, FL).
Mar. 23, 2011 Motion to Reschedule Final Hearing filed.
Mar. 15, 2011 Notice of Service of Agency?s First Set of Interrogatories, Requests for Admissions, and Request for Production of Documents filed.
Mar. 11, 2011 Order of Pre-hearing Instructions.
Mar. 11, 2011 Notice of Hearing (hearing set for April 26, 2011; 9:00 a.m.; Viera, FL).
Mar. 01, 2011 Notice of Unavailability filed.
Mar. 01, 2011 Joint Response to Initial Order filed.
Feb. 25, 2011 Initial Order.
Feb. 25, 2011 Notice (of Agency referral) filed.
Feb. 25, 2011 Petition for Formal Administrative Hearing filed.
Feb. 25, 2011 Administrative Complaint filed.

Orders for Case No: 11-001019
Issue Date Document Summary
Jun. 03, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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