Petitioner: HOPE GARDEN ASSISTED LIVING AND ECC, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: E. GARY EARLY
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Oct. 22, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 19, 2013.
Latest Update: May 30, 2013
12003466AFO
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
v.
2013 MAY 29 P I: IS
AHCA No.: 2011011674
DOAH No.: 12-3902
RENDITION NO.: AHCA- / - .:J# -S-OLC
HOPE GARDEN ASSISTED LIVING
& ECC, INC.,
Respondent.
I
HOPE GARDEN ASSISTED LIVING
& ECC, INC.,
Petitioner, AHCA No.: 2012009566
DOAH No.: 12-3466
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
I
FINAL ORDER
Having reviewed the Administrative Complaints, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:
The Agency has jurisdiction over the above-named party pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.
The Agency issued the attached Administrative Complaint and Election of Rights form to Hope Garden Assisted Living Facility. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.
The Agency issued the attached Notice oflntent to Deny letter and the Election of Rights form to Hope Garden Assisted Living Facility. (Ex. 2) The Election of Rights form advised of the right to an administrative hearing.
The parties have since entered into the attached Settlement Agreement. (Ex. 3) Based upon the foregoing, it is ORDERED:
Filed May 30, 2013 10:05 AM Division of Administrative Hearings
The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.
The Respondent shall pay the Agency $3,500.00. If full payment has been made, the cancelled check acts as receipt of payment 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 ten-digit 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
The Notice oflntent to Deny is withdrawn.
ORDERED at Tallahassee, Florida, on this 2-Y/ day of-+- --+ ' 2013.
e1':- etary
are 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 of this Final Order was served on the below-named persons by the method designated on this 2:C Y of /1-:/l'o.---/ , 2013.
Richar oop, 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) |
Lourdes A. Naranjo, Senior Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) | Calisha A. Francis, Esq. Attorney for Hope Garden Assisted Living Facility Martells and Francis, LLC 4000 Hollywood Blvd. , Suite 555-S Hollywood, Florida 33021 (U.S. Mail) |
E Gary Early Administrative Law Judge Division of Administrative Hearings (Electronic Mail) |
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Docket for Case No: 12-003466
Issue Date |
Proceedings |
May 30, 2013 |
Settlement Agreement filed.
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May 30, 2013 |
(Agency) Final Order filed.
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Apr. 19, 2013 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Apr. 18, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
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Apr. 10, 2013 |
Hope Garden's First Request for Production of Documents filed.
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Apr. 10, 2013 |
Hope Garden's First Request for Production of Documents (filed in Case No. 12-003902).
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Apr. 05, 2013 |
Hope Garden's First Interrogatories to ACHA filed.
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Apr. 05, 2013 |
Hope Garden First Request for Admissions filed.
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Apr. 05, 2013 |
Hope Garden First Request for Admissions (filed in Case No. 12-003902).
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Apr. 05, 2013 |
Hope Garden's First Interrogatories to ACHA (filed in Case No. 12-003902).
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Apr. 05, 2013 |
Notice of Taking Depositions Duces Tecum (of W. Boundy; filed in Case No. 12-003902).
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Apr. 05, 2013 |
Notice of Taking Depositions Duces Tecum (of W. Boundy) filed.
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Apr. 03, 2013 |
Notice of Transfer.
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Apr. 03, 2013 |
Notice of Taking Depositions Duces Tecum (of A. Mayo Davis and G. Warnock) filed.
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Apr. 03, 2013 |
Notice of Taking Depositions Duces Tecum (of A. Mayo Davis and G. Warnock; filed in Case No. 12-003902).
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Apr. 02, 2013 |
Notice of Taking Depositions Duces Tecum (of T. Reznick, M. Border, and G. Germinal) filed.
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Mar. 29, 2013 |
Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 12-003902).
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Mar. 29, 2013 |
Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner filed.
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Mar. 28, 2013 |
Notice of Taking Deposition Duces Tecum (of L. Reid, L. Thompson, D. Harris, and C. Thompson) filed.
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Feb. 18, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 14, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
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Feb. 14, 2013 |
Notice of Unavailability filed.
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Feb. 14, 2013 |
Joint Motion to Reschedule the Final Hearing filed.
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Feb. 14, 2013 |
CASE STATUS: Motion Hearing Held. |
Feb. 11, 2013 |
Joint Motion for Abeyance filed.
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Jan. 18, 2013 |
Notice of Unavailability filed.
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Jan. 04, 2013 |
Petitioner's Response to Respondent's First Request for Admissions (filed in Case No. 12-003902).
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Jan. 04, 2013 |
Petitioner's Response to Respondent's First Request for Admissions (filed in Case No. 12-003902).
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Jan. 04, 2013 |
Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 12-003902).
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Jan. 04, 2013 |
Petitioner's Response to Respondent's Request to Produce (filed in Case No. 12-003902).
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Jan. 04, 2013 |
Notice of Service of Petitioner's Unsworn Answers to Respondent's First Set of Interrogatories, Request for Admissions and Request for Production of Documents (filed in Case No. 12-003902).
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Jan. 04, 2013 |
Petitioner's Response to Respondent's First Set of Interrogatories to Petitioner filed.
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Jan. 04, 2013 |
Petitioner's Response to Respondent's Request to Produce filed.
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Jan. 04, 2013 |
Petitioner's Response to Respondent's First Request for Admissions filed.
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Jan. 04, 2013 |
Notice of Service of Petitioner's Unsworn Answers to Respondent's First Set of Interrogatories, Request for Admissions and Request for Production of Documents filed.
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Dec. 20, 2012 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 8, 2013; 9:00 a.m.; Fort Lauderdale, FL).
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Dec. 20, 2012 |
Order of Consolidation (DOAH Case Nos. 12-3466 and 12-3902)).
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Dec. 18, 2012 |
Joint Motion to Consolidate and to Extend Time for the Final Hearing filed.
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Nov. 14, 2012 |
Order of Pre-hearing Instructions.
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Nov. 14, 2012 |
Notice of Hearing (hearing set for January 11, 2013; 9:00 a.m.; Fort Lauderdale, FL).
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Nov. 05, 2012 |
AHCA's First Set of Interrogatories filed.
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Nov. 05, 2012 |
AHCA's First Request for Production filed.
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Nov. 05, 2012 |
AHCA's First Request for Admissions filed.
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Nov. 02, 2012 |
Amended Unilateral Response to Initial Order filed.
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Oct. 29, 2012 |
Unilateral Response to Initial Order filed.
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Oct. 22, 2012 |
Initial Order.
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Oct. 22, 2012 |
Election of Rights filed.
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Oct. 22, 2012 |
Notice (of Agency referral) filed.
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Oct. 22, 2012 |
Hope Garden Assisted Living and ECC, Inc.'s Petition/Request for Formal Administrative Proceeding/Hearing filed.
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Oct. 22, 2012 |
Notice of Intent to Deny filed.
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Orders for Case No: 12-003466