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AGENCY FOR HEALTH CARE ADMINISTRATION vs COOPER - SOLICE, INC., D/B/A ASBURY PLACE, 12-002498 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002498 Visitors: 1
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: COOPER - SOLICE, INC., D/B/A ASBURY PLACE
Judges: W. DAVID WATKINS
Agency: Agency for Health Care Administration
Locations: Pensacola, Florida
Filed: Jul. 19, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 27, 2012.

Latest Update: Feb. 04, 2013
12002498AFO

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRA TION,


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Petitioner,


V.


COOPER-SOLICE, INC. d/b/a ASBURY PLACE,


Respondent.

                                                                              I


FINAL ORDER

DOAH No. 12-2498


AHCA No. 2011008176

RENDITION NO.: AHCA-13- 0/tJO -5-OLC


Having reviewed the Administrative Complaint, and all other 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 and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.


  3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

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


  5. The Respondent shall pay the Agency $1,000.00. If full payment has already been made, the cancelled check is your receipt and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" and containing the AHCA case number should be sent to:


    Office of Finance and Accounting Revenue Management Unit

    Agency for Health Care Administration 2727 Mahan Drive, MS 14

    Tallahassee, Florida 32308


    Filed February 4, 2013 2:17 PM Division of Adminis1trative Hearings

    ORDERED at Tallahassee, Florida, on this o day of J...    c=. -"--a'-·.  -b ' 201$


    Elizabe

    Agency ministration


    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 cgP¥ of this F" 1 Order was served on the below-named persons by the method designated on this day of_ J:£.'.'.7..t.ldd L ' 2015-


    Richard S op, Agency Cler

    Agency r Health Care Admmistration 2727 Mahan Drive, Mail Stop 3

    Tallahassee, Florida 32308-5403

    Telephone: (850) 412-3630


    Jan Mills

    Facilities Intake Unit

    Agency for Health Care Administration (Electronic Mail)

    Warren J. Bird, Assistant General Counsel Office of the General Counsel

    Agency for Health Care Administration

    (Electronic Mail)

    Office of Finance and Accounting Revenue Management Unit

    Agency for Health Care Administration (Electronic Mail)

    Theodore E. Mack, Esquire Powell & Mack, P.A

    3700 Bellwood Drive

    Tallahassee, Florida 32303 (U.S. Mail)

    W. David Watkins Administrative Law Judge

    Division of Administrative Hearings

    (Electronic Mail)



    2

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    --                              



    STATE OF FLORIDA

    AGENCY FOR HEALTH CARE ADMINIST


    STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


    Petitioner,


    vs.

    COOPER-SOLICE, INC., dib/a

    ASBURY PLACE,

    Respondent.

                                                               --.JI


    ADMINISTRATIVECOMPLAINT


    TION


    AHCA No. 2011008176

    COMES NOW the Petitioner, State of Florida, Agency for Health Caro Administration

    ("the Agenci,, by and through its undersigned counsel, and files t ·s Administrative Com.plaint


    against the}lespondent, Cooper-Solice. Inc., d/b/a Asbury Place (" e Respondent"), pursuant to

    Scctions:' 20. 69, and 120.57, Florlda Statutes (2011). and alleges a follows:

    N TURE OF THE ACTION

    Th.is is an action to revoke the Respondent's assisted living a.cility license and to impose an administrative fine of $5,000.00 and a survey fee of $500.00 a ainst the Respondent based upon one class II violation.

    PARTIE§

    1. The Agency is the licensing and regulatory authorit that oversees assisted living facilitie in Florida. Ch. 408, Part II, and Ch. 429, Fla. Stat (2011); Ch. 59A-3S. Ch. 58A-5, Fla. Admin. Code. The Agency may deny, revoke, and susl?end any icense issued to an assisted

      living facility and impose an administrative fine for a violation o the Health Care Licensing Procedures Act, the authorizing tatutes or applicable rules. § 408.813, 408.815, 429.14,


      Received Time Apr. 16. 2012 1:20PM No. 7557

      Filed July 19, 2012 12:36 PM Division of Administra ive Hearings EXHIBIT 1

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      429.19. Fla. Stat, (2011), In addition to licensure denial, revoca·: on or suspension. or any


      administrative fine imposed,. the Agency may assess a survey fe ag inst an assisted living

      . facility. § 429.19(7), Fla. Stat. (2011).

    2. The Respondent was issued a license by the Agency o operate an assisted living


      facility (License No. AL 9099), located at 4916 Mobile Highway> Pe sacola, Florida 32506, and was at ml times material required to comply with the applicable tate statutes and rules. § 429.11, Fla. Stat. (2011). ''Assisted living facility ' means any buil ing or buildings, section or

      distinct part of a building, private hom·e, boarding home, home for t e aged, or other residential facility, whether operated for profit or not, which under-takeg through its own rship or

      manaiiement to provide housing. meals. and on.e or more pers nal services for a period


      exceeding 24 hours to one or more adults who are not relatives of e owner or administrator. § 429.02(5), Fla.· Stat. (2011). These residential facilities are in ended to be a less costly alternative to the more restrictive, institutional settings for individ als who meet the minimum criteria in order to be admitted to such a facility and do not require 4-hour nursing supervision.

      Assisted living facilities are regulated in a manner so as to encoura e dignity, individuality. and

      choice for residents, while providing them a reasonable assurance for their health, safety and welfare. Generally, these facilities, through its staff, provide reside t supervision, the assistance with personal care and supportive services, as well as the assistanc with, or the administration of, medications to residents who require such services.

    3. As the holder of such a license, the Respondent is a icensee. "Licensee" means "an individual, corporation, partnership. finn, association, or gove ental entity that is issued a permit, registration, certificate, or license by the Agency." § 408.80 (9), Fla. Stat. (2011). ''The licensee is legally responsible for all aspects of the provider operat on!' lg, "Provider" means


      2

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      "any activity, service, agency, or facility regulated by the Agency an listed in Section 408.802,'' Florida Statutes (2011). § 408.803(11). Fla. Stat. (2011). Assisted l ving facilities are regulated by the Agency under Chapter 429, Part I, Florida Statutes (2011), listed in Section 408.802, Florida Statutes (2011). § 408.802(i4), Fla. Stat. (2011). Assisted living facility residents are thus clients. "Client" means ''any person receiving sorvices from a p avider.,, § 408.803(6), Fla.

      Stat. (2011).

      g)UNT..1

      Financial Exploitation of Residents

    4. Under Florida law, in addition to the requirements of Part II of Chapter 408, Florida Statutes, the Agency may deny, revoke, and suspend any 1i ense issued under this part and impose an administrative fine in the manner provided in Ch pter 120, Florida Statutes, against a licensee for a violation of any provision of this part, P II of Chapter 408, Florida Statutes, or applicable rules, or for any of tho following actions by licensee, for the actions of any person subject to level background screening under Section 4 8.809, or for the actions of

      any facility employee: , .. (c) Misappropriation or conversion of e property of a resident of

      the facility. § 429.14, Fla.·Stat.(2011).

    5. In addition to the grounds provided in authorizing s atutes. grounds that may be

      used by the Agency for denying and revoking a license or chan e of ownership application include any of the following actions by a controlling interest: (c) A violation of this part,

      authorizing statutes. or applicable rules. § 408.815(l)(c), Fla. Stat. ( 011).


    6. Under Florida law, no resident of an assisted living acility shall be deprived of any civil or legal rights. benefits, or privileges guaranteed by law, th Constitution of the State of Florida, or the Constitution of the United States as a resident of a acility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living e vironment, free from abuse

      3


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      and neglect. (b) Be treated with consideration and respect and with ue recognition of personal dignity, individuality, and the need for privacy. (c) Retain and use his or her own clothes and other personal property in his or her immediate li"Vlng quarters. so s to maintain individuality and peISonal dignity, except when the facility can demonstrate at such would be unsafe. impractical, or an infringement upon the rights of other residents. . . (t) Manage his or her financial affairs unless the resident or, if applicable, the resident s representative, designce, surrogate, guardian, or attorney in fact authorizes the administrator o . the facility to provide safe­ keeping for funds H provided in Section 429.27, Florida Statutes. § 429.28(l)(a)-(c), (f), Fla.

      Stat. (2011).

    7. The Agency onducted a complaint survey of the R spondent from July 17-20,


      2011.

    8. Based upon the survey, the Agency found that fiv facility residents had been


      exploited as follows:

      Resident#!


    9. A record review of Resident #1's health assessmen dated 3/23/11 indicated an admission on 9/11/10 with a diagnosis of depression, anxietyI Parki on's disease. and combative behavior. The Agency surveyor attempted to interview the Residen but her comments were not clear.

    10. A review of the Resident1s contract dated 9/11/10 in icated that the Resident was

to pay $11200.00 a month for room and boa.rd.

·11. During an interview with Adult Protective Services on 7/18/11 at 2:00 pm, the APS investigator stated she was investigating an allegation related to a missing social security card. The allegation indicated the social security card was missin :r and had been given to the


4

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···-··------------------------ir----------------


Respondent's former Administrator to make payments for room an board monthly. The APS investigator stated that the Resident received a social security paym nt of $1,321.00 per month, and that the facility rent was $1,200.00, leaving a difference of$ !21. 0 a month.

  1. The APS investigator further stated the facility was ot able to show where the

    $121.00 difference went.

  2. A review of the facility records indicated at from 1 /2010 to 3/2011, $1,200.00,

    the rent was paid in cash.

  3. During an interview on 7/18/11 at 3:00 pm with an ·de/Assistant Administrator, the Assistant Administrator stated that she"knew that· the Reside t's daughter had given the fonner Administrator the social security card to pay the rent.

  4. The Assistant Administrator stated that the former Administrator gave her the social security card and the Resident's pers nal identification nu ber (PIN) to get cash from Wal-Mart and bring it back to the fonner Administrator.

    .

  5. The Assistant Administrator stated she would add th Resident's name to the hair

    '


    dresser list, but the Resident did not get her hair done and the mo ey would go to the fonner Administrator.

  6. The Assistant Administrator stated that the former


    · money at times and paid her house payment and her power bill.

    Resident#4

  7. A record review for Resident #4 indicated that the esident was admitted to the

    Respondenf s assisted living facility on 6/11/08 and later expired on /10/11.

  8. Resident #4 had a diagnosis of Dementia and confusi n.


O. The Resident's contract dated 5/1/09 indicated that h or she was to pay $2,100.00


5

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---------------------1-------------- ----------


amonth for rent.

  1. A review of the facility records dated 10/10-5/11 sho


    s that the rent was paid in


    the amount of$2,100.00.

  2. During an interview and record review with the Res ondent's Owner on 7/18/11 at 10:00 am, the Owner indicated that the fonner Administrator w ld create fake invoices for pet"so items and send them to the Resident's guardian.

· 23. The guardian would send the payment to the forme Administrator, who would


pocket the money.

  1. She claimed from $300.00 - $400.00 a month for pers nal items.

  2. During an interview with the Assistant Administrato on 7/18/11 at 3:00 pm, she stated that the former Administrator would create receipts for pers nal items, turn them in for reimbursement, and then keep the money.

  3. The Assistant Administrator stated that she witness d the former Administrator


    sign the Resident's name on his checks.


    Resident #5


  4. A record review for Resident #S indicated that the esident was admitted to the


    Respondent's facility on 10/22/10 and later expired on 7/1/11.

  5. The Resident had a diagnosis of Schizophrenia and c onic obstructive pulmonary

    disease (..COPD") and was assessed to be alert and oriented.

  6. The Resident's contract, ated 4/4/11, indicated th t the Resident wag to pay

    $2,100.00 per month for rent.


  7. A review of the facility records dated 10/10-7/1/11 s ow payment .of $1,900.00 a


    month.


    6

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    ·---------·-·---------------------- --------------- -------- ----


  8. During the interview with the Assistant Administrator n 7/18/11 at 3:00 pm. she stated that the fonner Administrator stated the Resident gave the fo er Administrator his check book for handling and that the former Administrator would write o his check each month for

    rent and forge his name.

  9. The fonner Administrator would forge the Resid nt's name on checks for


    personal items that the Resident did not receive.

  10. The fonner Administrator would give the Assistant inistrator money and tell

    her that she did not need to pay her back. This went on for about 3-4 years.

  11. During an interview with the Owner on 7/18/11 at l ·00 am, the Owner said that the Resident was alert and oriented. She further stated that the fi er Administrator had his checkbook and would pay his rent and make out checks to herself.

    Resident#6

  12. A record review for Resident #6 indicated that the esident was admitted to the Respondent's facility on 3/26/08 and left the facility on 1/11.

  13. The Resident had a diagnosis of Dementia.

  14. The Resident's contract, dated S/1/09, indicated a payment of $2,450.00 per month for rent.

  15. A review of the facility records, dated 10/10-1/11, s ow a payment of $2,350.00


    per month.

  16. During an interview with the Assistant Administrato on 7/18/11 at 3:00 pm, she stated that a check would go to the facility in the name of the facility for rent.

  17. Another check would come in the former Administra or1s name for personal items and resident lunches, which did not happen.


    7

    .00 pm. she stated that the

    sident's family.

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  18. During an interview with the Owner on 7/18/11 at


    facility had nothing to do with this.

  19. This was between the former Administrator and the R


    Resident#?

  20. During an· interview with the Owner on 7/18/11 a


    10:00 am, she stated that


    Resident-#? has been living at the facility for about 3-4 years and "I idn't know it."

  21. Resident #7 was never placed on the facility's role or n the facility>s system.


  22. The facility had no records or contract for this residen .

  23. There was a note dated 11/27/09 stating that the rent s $1J8S0.00, hair is $60.00, toiletries are $74.54, sodas .and snacks are $44.S0 and incontine supplies are, $162.87, per

    month.

  24. There was another note, dated 7/30/10, stating that re tis $1,850.00, toiletries are


    $86.40, incontinent supplies are $174.45, hair is $60.00 and spendin money is $60.00.


  25. A review of the facility records does not indicate e Resident's name or show

    any rent received and oney for personal items from 10/2010 to 3/2 11.

  26. During an interview with the Assistant Administrato on 7/18/11 at 3:00 pm. she stated that the former Administrator was receiving rent for the Resid nt from out of town.

  27. The rent was paid in the name of the fonner Adminis ator.

  28. This Resident was not on the books and the Owner d not know that she lived at the facility.

  29. The Resident lived there for about 3-4 years.


S3. The fonner Administrator would have Resident MO and medications from the medication cart removed when the state came to survey.


8

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  1. During an interview with the Owner on 7/18/11 at 1 :00 am, she stated that she


    terminated the. fonner Administrator for stealing money from resi ents that went on for 3-4


    years.

  2. The former Administrator was let go on 3/7/11.

  3. The Owner further stated that she called the police ti r some of the residents. It


was not clear in interview which residents were called to the police.

5?. The Owner stated that she notified Adult Protectiv Services for some of the

thefts against the residents.

58. It was not clear during the interview which resi nts were called to Adult


Protective Services.

S9, Further interview indicated the Owner did not comple e or send in day I or day 1S

adverse incident report for ail tesidents involved in exploitation.

  1. Further interview with the Owner indicated she had not completed an audit for


    any other resident records to ensure exploitation had not occurred.

  2. The Owner stat.ed that the Assistant Administrator d ·ng this time, who was the person who removed the medications and MOR from the meclicati n cart while state surveyors were in the building and who cashed the checks at her own bank an brought the money back to her, is still working at the Facility as an aide.

  3. The Respondent's actions and/or inactions constitut a class II violation.


  4. Class "Il" violations are those conditions or occurre ees related to the operation and maintenance of a facility or to the personal care of residents hich the agency determines directly threaten the physical or emotional health. safetyt or secu ty of the facility residentst other than class I violations. § 429.l 9(2)(b), Fla. Stat. (2011).


    9

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    ··----------------- --!----



  5. The Agency shall impose an administrative fine for a ited class II violation in an amount not less than $1.000 and not exceeding $5,000 for each viola ion. A fine shall be levied notwithstanding the correction of the violation.. § 429.19(2)(b), Fla, tat. (2011).

    WHEREFORE, the Petitioner, State of Florida. Agency for ealth Care Administration,


    seeks to revoke the Respondent's license to operate this assisted li ing facility and impose an

    administrative fme against the Respondent in the amount of $5,000.0

    COUNT II

    Survey Fee

  6. The Agency re-alleges and incorporates by reference

  7. The Agency received a complaint about the Reipond· t.

  8. In response to the complaint, the Agency conducte a complaint survey of the Respondent.

  9. As a result of the complaint survey, the Respondent as cited for violations.


  10. The basis for-the violations alleged in this Administr tive Complaint relates to the complaints made against the Respondent.

  11. Under Florida law, in addition to any adrninistrativ fines imposed, the Agency


    may_ assess a survey fee, equal to the lesser of one half of the facil' y's biennial license and bed fee or $500, to cover the cost of conducting initial complaint inv stigations that result in the finding of a violation that was the subject of the complaint or moni oring visits conducted under

    .Section 429.28(3)(c), Florida Statutes, to verify the correction of the violations. § 429.19(7), Fla.


    Stat. (2011).

  12. In this instance, the Agency is entitled to assess a. s

WHEREFORE, the Petitioner. State of Florida, Agency for ealth Care Administration.


seeks a survey fee against the Respondent of $500.00.


IO

IIVI.IUIJ I I LnVL



CLAIM FOR RELIEF

WHEREFORE, the Petitioner. State of Florida, gency for intends to impose a final order that: ·


ealth Care Administration,

A: Makes findings of fact and conclusions ·of law as set fi rth above.

  1. Enters the relief set forth above.

    Respectfully submitted this..:}_ day of April, 2012.


    Warren J. ,..,..· _..

    Assistant en al Coun el

    Agency Wth Care Administration 2727 Mahan Drive, MS 3

    Tallahassee, FL 32308

    Telephone 850-412-36

    Facsimile 850-921 015


    NOTICE

    Tbe Respondent is notified of tbe right to request an administ ative hearin& pursuant to Sectio111120.S69 aud 120.57, Florida Statutes. The Respondent as the right to hire and be represented by an attorney in this matter. Specific options for a ministrative action are set out tn the attached Election of Rights form.


    The Respondent is further notified if the Election of Rights rm is not received by the Ageucy for Health Care Administration within twenty-oae (21 days of th receipt of this Administrative Complaint, a final order wiU be entered.


    The Election of Rights form shall be made to tbe Agency for ealth Ctlre Administration and delivered to: Agency Clerk, Agency for Health Care A inistration, 2727 Mahan Drive, Building 3, Mail Stop 3, Tallahassee, FL 32308; Telepbo e (8 0) 412-3630.


    11


    Received Time Apr. 16. 2012 1:20PM No, 7557

    n DUOJl""Ll'\1..,1:.




    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the A .ministrative Complaint and Election or Rights fonn were served to Rose Creighton Cooper, A inistrator, Cooper-Solice, Inc. d/b/a Asbury Place, 4916 Mobile Highway, Pensacola, Florida 3 506, by U.S Certified Mail, Return R:cceipt No. 7009 0960 0000 3709 5577, on this _j_ day of pril, 2012.


    Warren . B • squire

    Assis t eneral Coun el

    Agenc r Health Care Administration

    2727 Mahan Drive, MS 3

    Tallahassee, FL 32308

    Telephone 850-412-363

    Facsimile 850•921•015


    ..---·- ····· .. 12


    Received Time Apr, 16. 2012 1:20PM No. 7557


    STATE OF FLORIDA

    AGENCY FOR HEALTH CARE ADMINISTRATION


    STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


    Petitioner,

    COOPER-SOLICE, INC. d/b/a ASBURY PLACE,


    AHCA No. 2011008176 DOAH Case No.12-2498

    License No. AL9099

    Facility Type: Assisted Living Facility


    Respondent.

                                                                 I


    SETTLEMENT AGREEMENT


    Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, Cooper-Solice, Inc. d/b/a Asbury Place (hereinafter "Respondent"), pursuant to Section 120.57(4), Florida Statutes, each

    individually, a "party," collectively as "pai1ies," hereby enter into this Settlement Agreement ("Agreement") and agree as follows:

    WHEREAS, the Respondent is a licensee and operates an Assisted Living Facility


    pursuant to Chapters 408, Part II, and 429, Part I, Florida Statutes and Chapter 58A-5, Florida Administrative Code; and

    WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Iicensure of Respondent; and

    WHEREAS, the Agency served the Respondent with an Administrative Complaint dated April 9, 2012, notifying the Respondent of the Agency's intent to revoke its license and to


    EXHIBIT 2


    impose an administrative fine in the amount of $5,000.00 for a Class II deficiency and a sunrey fee of $500.00 against the Respondent; and

    WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and

    WHEREAS, the parties stipulate to the adequacy of consideration exchanged; and


    WHEREAS, the parties have negotiated in good faith and agreed that the best interest of all the parties will be served by a settlement of this proceeding;

    NOW THEREFORE, in consideration of the mutual promises and recitals herein, the


    parties intending to be legally bound, agree as fol1ows:


    1. All recitals are true and correct and are expressly incorporated herein.


    2. Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties.

    3. Upon full execution of this Agreement, Respondent agrees to waive any and all


      proceedings and appeals to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a fo1mal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs ofrelief in any court or quasi-court (DOAH) of competent jurisdiction; and further agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled, provided however, that no agreement herein, shall be deemed a waiver by either party of its right to judicial enforcement of this Agreement.

    4. Upon full execution of this Agreement, the parties agree to the following:


      1. The Agency withdraws its intent to revoke Respondent's license and reduces the Class II deficiency to a Class III deficiency.


      2. The Respondent shall remit to the Agency, within thirty (30) days of the entry of a Final Order adopting this agreement, an Administrative Fine in the sum of five hundred dollars ($500) for a Class 1II deficiency and a five hundred dollar ($500) survey fee.

      3. The Administrative Complaint is deemed superseded by this agreement.


      4. The Respondent has voluntarily withdrawn its request for a formal proceeding.

    5. Venue for any action brought to interpret, challenge or enforce the terms of this


      Agreement or the Final Order entered pursuant hereto shall lie solely in the Circuit Court in Leon County, Florida.

    6. By executing this Agreement, the Respondent neither admits nor denies the allegations raised in the Administrative Complaint referenced herein.

    7. Upon full execution of this Agreement, the Agency shall enter a Final Order


      adopting and incorporating the terms of this Agreement and closing the above-styled case(s).


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


    9. This Agreement shall become effective on the date upon which it is fully executed by all the parties.

    10. The Respondent for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the Agency and its agents, representatives, and attorneys of all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency's actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum,


      including any claims arising out of this Agreement, by or on behalf of the Respondent or related or resulting organizations.

    11. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement.

    12. In the event that Respondent is or was a Medicaid provider, this settlement does


      not prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. This agreement does not prohibit the Agency from taking action regarding Respondent's Medicaid provider status, conditions, requirements or contract.

    13. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. The Respondent folly understands that counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced the Respondent in its decision to enter into this Agreement.

    14. This Agreement contains the entire understandings and agreements of the pmties.


    15. This Agreement supersedes any prior oral or written agreements between the parties. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void.

    16. All parties agree that a facsimile signature suffices for an original signature.


    17. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement.




Secretary

Agen dministration

2727 Mahan Drive, Bldg #3

Tallahassee, Florida 32308


( i

DATED: rl olr3

                                                                Powell & Mack, P.A

3700 Bellwood Drive

/#2--

Tallahassee, Florida 32303 Counsel to Cooper-Solice, Inc., dba Asbury Place


DATED:


neral Counsel

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

Tallahassee, Florida 32308


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

Tallahassee, Florida 32308


DATED: / clti.----- DATED: ,z,J,, JzDr


Docket for Case No: 12-002498
Issue Date Proceedings
Feb. 04, 2013 Settlement Agreement filed.
Feb. 04, 2013 Agency Final Order filed.
Nov. 27, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 26, 2012 Joint Motion to Close File filed.
Nov. 08, 2012 Notice of Taking Deposition (of T. Moore) filed.
Nov. 08, 2012 Notice of Taking Deposition (of T. Dunn) filed.
Nov. 01, 2012 Agency's Responses To Asbury Place's First Request To Produce filed.
Nov. 01, 2012 Agency's Notice of Service of Responses to Asbury Place's First Set of Interrogatories filed.
Oct. 23, 2012 Order Granting Extension of Time.
Oct. 15, 2012 Agency's Motion for Extension of Time to Serve Responses to Discovery filed.
Sep. 05, 2012 Order Granting Continuance and Re-scheduling Hearing and Extending Time to Serve Responses to Discovery (hearing set for December 4 and 5, 2012; 9:00 a.m., Central Time; Pensacola, FL).
Sep. 04, 2012 Stipulated Motion for Continuance and Final Hearing and Extension of Time to Serve Responses to Discovery filed.
Jul. 26, 2012 Order of Pre-hearing Instructions.
Jul. 26, 2012 Notice of Hearing (hearing set for September 27 and 28, 2012; 9:00 a.m., Central Time; Pensacola, FL).
Jul. 24, 2012 Joint Response to Initial Order filed.
Jul. 20, 2012 Agency's First Request for Production to Respondent filed.
Jul. 20, 2012 Agency's Notice of Propounding First Set of Interrogatories filed.
Jul. 19, 2012 Initial Order.
Jul. 19, 2012 Notice (of Agency referral) filed.
Jul. 19, 2012 Petition for Formal Administrative Hearing filed.
Jul. 19, 2012 Administrative Complaint filed.

Orders for Case No: 12-002498
Issue Date Document Summary
Jan. 31, 2013 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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