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AGENCY FOR HEALTH CARE ADMINISTRATION vs PLEASANT MANOR ALF, LLC D/B/A PLEASANT MANOR, 11-004642 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004642 Visitors: 1
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PLEASANT MANOR ALF, LLC D/B/A PLEASANT MANOR
Judges: ELIZABETH W. MCARTHUR
Agency: Agency for Health Care Administration
Locations: Tampa, Florida
Filed: Sep. 14, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 6, 2011.

Latest Update: Jan. 19, 2012
11004642AFO


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

FIL.ED

AHCA

AGENCY CLERK

ZOil JM 19 A 8: ti2,


Petitioner,


V.


DOAH NO.: 11-4642

AHCA NO.: 2011008586

RENDITION NO.: AHCA-12-C043-S-OLC

PLEASANT MANOR ALF, LLC d/b/a PLEASANT MANOR


Respondent.

                                                                                      :/


FINAL ORDER


Having reviewed all matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  2. The Agency issued the attached Administrative Complaint (Case No. 2011008586), with an Election of Rights form to the Respondent (Ex. 1). The Election of Rights form advised of the right to administrative hearings.


  3. The parties herein entered into the attached Settlement Agreement (Ex. 2).


Based upon the foregoing, it is ORDERED:


  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The Respondent shall pay the Agency $13,000.00. Ten payments of $1,300.00 shall be due as follows: The first payment is due on January 31, 2012; the following payments are due on the last day of each successive month. If full payment has been made, the cancelled checks act as receipts of payment and no further payment is required. Overdue amounts are subject to statutory interest and may be referred to collections. All checks shall contain the ten-digit AHCA case number, shall be made payable to the "Agency for Health Care Administration" and be shall be sent to:


Office of Finance and Accounting Revenue Management Unit

Agency for Health Care Administration 2727 Mahan Drive, MS 14

Tallahassee, Florida 32308


1

Filed January 19, 2012 10:58 AM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this _j_J_ day of   ,,,J._1::i_M-LV---='---- -     -     -     -    ' 2012.





retary

e 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 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.


CERTIFICATE OF SERVICE


I CERTIFY that a true and correct this Final Order was served on the below-named

persons by the method designated on this day of                              , 2012.


Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit (Electronic Mail)

Finance & Accounting Revenue Management Unit (Electronic Mail)

Rogie Babas, Owner Pleasant Manor ALF, LLC 6926 Durant Road

Plant City, FL 33567

(U.S. Mail)

J. Travis Godwin, Esq.

Weekley, Schulte & Valdes, LLC 1635 North Tampa Street, Suite 100

Tampa, FL 33602

(U.S. Mail)

Suzanne Suarez Hurley, Attorney

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)


2


Docket for Case No: 11-004642
Issue Date Proceedings
Jan. 19, 2012 Settlement Agreement filed.
Jan. 19, 2012 (Agency) Final Order filed.
Dec. 06, 2011 Order Closing File. CASE CLOSED.
Dec. 05, 2011 Joint Motion to Relinquish filed.
Nov. 01, 2011 Notice of Filing Petitioner's Response to Respondent's First Interrogatories and Request for Production filed.
Nov. 01, 2011 Notice of Filing Petitioner's Response to Respondent's Initial Expert Witness Interrogatories filed.
Oct. 31, 2011 Notice of Taking Deposition Duces Tecum (of B. Buchan) filed.
Oct. 31, 2011 Notice of Taking Deposition Duces Tecum (of S. McCrary) filed.
Oct. 21, 2011 Petitioner's Response to Respondent's Request for Admissions filed.
Oct. 21, 2011 Notice of Service of Agency's First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
Oct. 14, 2011 Request for Production filed.
Oct. 14, 2011 Notice of Serving First Set of Interrogatories to Petitioner filed.
Oct. 14, 2011 Respondent's Notice of Serving Initial Expert Witness Interrogatories to Petitioner filed.
Oct. 13, 2011 Request for Admissions filed.
Oct. 03, 2011 Amended Notice of Hearing by Video Teleconference (hearing set for December 12 and 13, 2011; 9:30 a.m.; Tampa and Tallahassee, FL; amended as to dates of hearing).
Sep. 23, 2011 Order of Pre-hearing Instructions.
Sep. 23, 2011 Notice of Hearing by Video Teleconference (hearing set for December 14 and 15, 2011; 9:30 a.m.; Tampa and Tallahassee, FL).
Sep. 21, 2011 Joint Response to Initial Order filed.
Sep. 21, 2011 Notice of Unavailability filed.
Sep. 19, 2011 Election of Rights filed.
Sep. 19, 2011 Amended Petition for Hearing Involving Disputed Issues of Material Fact filed.
Sep. 15, 2011 Initial Order.
Sep. 14, 2011 Petition for Hearing Involving Disputed Issues of Material Fact filed.
Sep. 14, 2011 Election of Rights filed.
Sep. 14, 2011 Motion to Dismiss filed.
Sep. 14, 2011 Order on Motion to Dismiss filed.
Sep. 14, 2011 Notice (of Agency referral) filed.
Sep. 14, 2011 Administrative Complaint filed.

Orders for Case No: 11-004642
Issue Date Document Summary
Jan. 19, 2012 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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