FILED
STATE OF FLORIDA AHCA
AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
V.
NORTH PORT RETIREMENT CENTER INC. d/b/a THE GARDENS OF NORTH PORT,
AHCA NO.: 2012005771
DOAH NO.: 12-3880
RENDITION NO.: AHCA-13-0l8 I -5-0LC
Respondent.
I
FINAL ORDER
Having reviewed the Administrative Complaint, 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 Respondent 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 the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.
The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:
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 Administrative Complaint is voluntarily dismissed.
t'
ORDERED at Tallahassee, Florida, on this 2J;°aay o ,: -=--- -----1 ' 2013.
dministration
1
Filed March 1, 2013 12:54 PM Division of Administrative Hearings
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
G6T-c.t...c..,-/ ,
I CERTIFY that a true and correc this Final Order was served on the below-named persons by the method designated on this day of 2013.
7
Richard Shoop, Agency ....,.,.,,,._...
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) |
Andrea M. Lang, Senior Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) | Zia Butt, CEO North Port Retirement Center, Inc. d/b/a The Gardens of North Port 4950 Pocatella Avenue North Port, Florida 34287 (U.S. Mail) |
Elizabeth W. McArthur Administrative Law Judge Division of Administrative Hearings (Electronic Mail) |
2
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
VS. Case No. 2012005771
NORTH PORT RETIREMENT CENTER, INC. d/b/a THE GARDENS OF NORTH PORT,
Respondent.
---------------------'/
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (hereinafter "the Agency"), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, NORTH PORT RETIREMENT CENTER, INC. d/b/a THE GARDENS OF NORTH PORT (hereinafter "the Respondent"), pursuant to Sections 120.569 and 120.57, Florida Statutes (2011), and states:
NATURE OF THE ACTION
This is an action to impose an administrative fine against an assisted living facility in the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) based upon one (1) Class II violation pursuant to Section 429.19(2)(6), Florida Statutes (2011), and to assess a survey fee in the amount of FIVE HUNDRED DOLLARS ($500.00) pursuant to Section 429.19(7), Florida Statutes (2011).
JURISDICTION AND VENUE
The Court has jurisdiction over the matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2011).
The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and
120.60, and Chapters 408 and 429, Florida Statutes (2011).
Venue lies pursuant to Rule 28-106.207, Florida Administrative Code.
PARTIES
The Agency is the licensing and regulatory authority that oversees assisted living facilities in Florida and enforces the applicable federal and state regulations, statutes and rules governing such facilities. Chapters 408, and 429, Florida Statutes (2011); Chapter 58A-5, Florida Administrative Code.
The Respondent was issued a license by the Agency (License Number 10843) to operate a 50-bed assisted living facility located at 4900 South Sumter Boulevard, North Port, Florida 34287, and was at all times material required to comply with the applicable state regulations, statutes and rules governing assisted living facilities.
COUNTI
The Respondent Failed To Obtain A License For Operation In Violation Of Sections 429.08(1)(a) And 408.812, Florida Statutes (2011)
The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5).
Pursuant to Florida law, Section 429.08, Florida Statutes (2011), applies to the unlicensed operation of an assisted living facility in addition to the requirements of Part II of Chapter 408. Section 429.08(1)(a), Florida Statutes (2011).
Pursuant to Florida law, a person or entity may not offer or advertise services that require licensure as defined by this part, authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency. A licenseholder may not advertise or hold out to the public that he or she holds a license for other than that for which he or she actually holds the license. (2) The operation or maintenance of an unlicensed provider or the performance of any services that require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity constitutes harm that materially affects the health,
safety, and welfare of clients. The agency or any state attorney may, in addition to other remedies provided in this part, bring an action for an injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the performance of any services in violation of this part and authorizing statutes, until compliance with this part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency. (3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after receiving notification from the agency, such person or entity fails to cease operation and apply for a license under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate offense. (4) Any person or entity that fails to cease operation after agency
notification may be fined $1,000 for each day of noncompliance. (5) When a controlling interest or licensee has an interest in more than one provider and fails to license a provider rendering services that require licensure, the agency may revoke all licenses and impose actions under Section 408.814, Florida Statutes (2011) and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against each licensee until such time as the appropriate license is obtained for the unlicensed operation.(6) In addition to granting injunctive relief pursuant to subsection (2), Florida Statutes (2011), if the agency determines that a person or entity is operating or maintaining a provider without obtaining a license and determines that a condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person or entity is subject to the same actions and fines imposed against a licensee as specified in this part, authorizing statutes, and agency rules. (7) Any person aware of the operation of an unlicensed
provider must report that provider to the agency. Section 408.812, Florida Statutes (2011).
On or about February 7, 2012 through February 8, 2012, the Agency conducted a Biennial Survey in conjunction with a Complaint Survey (CCR# 2011013865) of the Respondent's facility.
Based on observation, review of the facility license, resident, staff interviews and two (2) of four (4) resident records reviewed, the facility provided services to one (1) of eleven
(11) residents reviewed, specifically Resident number eleven (11), and fifteen (15) independent residents which is beyond the scope of their license. The facility bears a standard license for fifty
(50) beds on the 100, 200, 300 and 400 wings of the building, while the 500, 600 and 700 wings of the facility are independent and non-licensed.
An observation at 3:15 p.m. on February 7, 2012 during Resident number eleven's (11) interview revealed the resident was wearing therapeutic hose on both legs up to the knees. Resident number eleven (11) stated he/she does not remember who puts them on and off.
Interviews were conducted in a group with three (3) facility direct care staff at 3:30 p.m. on February 7, 2012. Two (2) direct care staff stated they help Resident number eleven
(11) put the hose over his/her heal when he/she either takes them off or on. One (1) staff stated she put the hose on and off for Resident number eleven (11) and the resident does not participate in this process.
A review of Resident number eleven's (11) record documented on January 12, 2012 the doctor ordered "Knee high support stockings when out of bed." The reason for the doctor's visit was "Ankle - edema." The doctor's assessment on this visit documented, "Worsening of peripheral edema that I think is probably multifactorial from the combination of Verapamil, nutritional compromise during his/her illness, increase sodium intake associated with staying in the assisted living facility."
A review of the facility's Agency for Health Care Administration license shows this facility has a "Standard" license with no specialty license included. Assistance with oxygen and TED hose is allowed under a Limited Nursing License when provided by licensed nursing staff as ordered by a physician. The facility had neither the Limited Nursing Services license, nor the licensed nursing staff to do the service.
Observation at 8:15 a.m. on February 8, 2012 revealed once medications were passed by the unlicensed facility staff in the assisted living facility dining room the staff moved the cart to the independent dining room to assist the assisted living facility residents who prefer to eat in that room. Also observed was a second cart sitting in the 600 wing common area beside the independent dining room. An assisted living facility staff person was observed assisting independent residents with their medications. Once the staff person was observed to assist all waiting residents she was then observed checking the medication observation record. The staff person stated one (1) resident had not come for medications and moved the cart outside of room 702 (independent resident section of the building) and gathered the medications for that resident and went into room 702. When the staff person emerged from room 702 she verified the "independent" resident had taken the medications she provided.
When interviewed, the staff person verified she assisted the independent people with their medications, but was unsure of how many total independent residents she assisted. The staff person stated she had been doing this since she was a medication tech for this facility.
An interview with the Corporate Nurse revealed fifteen (15) independent residents are assisted with medications from this cart. When asked if the facility had a "Clinic - a room(s) operated by a licensed nurse or physician's assistant in which services allowed under the facility's license may be provided to non-facility residents from an independent but co-located building) the Corporate Nurse stated no we have no "Clinic."
An interview was conducted with the owner of the facility on February 8, 2012.
When asked if the facility had a "Clinic" the owner stated, "No, we do not." When told about the unlicensed activity of assisting with medications on the non-licensed portion of the building the owner stated, "Your people told me to do it that way. We have been doing it that way for a long time and many have seen it and not cited it. You cannot cite it now. We do it for the convenience of the residents."
The operation of an assisted living facility without appropriate licensure subjects the Respondent to a fine of one thousand dollars ($1,000.00) per day during any period of unlicensed activity.
The Respondent's deficient practice constituted a Class II violation in that it related to the operation and maintenance of a provider or to the care of clients which the Agency determined directly threatened the physical or emotional health, safety, or security of the clients, other than a Class I violation. Section 429.19(2)(b), Florida Statutes (2011).
The Agency shall impose an administrative fine for a cited Class II violation in an amount not less than one thousand dollars ($1,000.00) and not exceeding five thousand dollars ($5,000.00) for each violation as set forth in Section 429. l 9(2)(b), Florida Statutes (2011). A fine shall be levied notwithstanding the correction of the violation.
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to impose an administrative fine against the Respondent in the amount TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) pursuant to Section 408.812(4) and (5)
Florida Statutes (2011).
COUNT II
(Assessment of Survey Fee)
The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5) and the allegations in Count I.
The Agency, on or about February 7, 2012 through February 8, 2012, conducted a Complaint Survey (CCR# 2011013865) of the Respondent's facility.
As a result of the Agency's Survey, the Respondent was cited with one (1) Class II deficiency.
Pursuant to Section 429.19(7), Florida Statutes (2011), the Agency is authorized
to, in addition to any administrative fines imposed, assess a survey fee equal to the lesser of one-
half of the facility's biennial license and bed fee or five hundred dollars ($500.00), to cover the cost of conducting initial complaint investigations that result in a finding of a violation that was the subject of the complaint or monitoring visits conducted under Section 429.28(3)(c), Florida Statutes (2011), to verify the correction of the violations.
In this case, the Agency is authorized to seek a survey fee of FIVE HUNDRED DOLLARS ($500.00).
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to assess a survey fee against the Respondent in the amount of FIVE HUNDRED DOLLARS ($500.00) pursuant to Section 429.19(7), Florida Statutes (2011).
CLAIM FOR RELIEF
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to grant the following relief:
Make findings of fact and conclusions of law in favor of the Agency.
Impose an administrative fine against the Respondent in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00).
Assess a survey fee against the Respondent in the amount of FIVE HUNDRED DOLLARS ($500.00).
Order any other relief that the Court deems just and appropriate.
Respectfully submitted on this l 0 day of S0zg'-\- \? 2012.
Andrea M. Lang, Assistant G o Florida Bar No. 0364568
Agency for Health Care Administration Office of the General Counsel
2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901 Telephone: (239) 335-1253
NOTICE
RESPONDENT IS NOTIFIED THAT IT/HE/SHE HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. THE RESPONDENT IS FURTHER NOTIFIED THAT IT/HE/SHE HAS THE RIGHT TO RETAIN AND BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED ELECTION OF RIGHTS.
ALL REQUESTS FOR HEARING SHALL BE MADE AND DELIVERED TO THE ATTENTION OF: THE AGENCY CLERK, AGENCY FOR HEALTH CARE ADMINISTRATION, 2727 MAHAN DRIVE, BLDG #3, MS #3, TALLAHASSEE, FLORIDA 32308; TELEPHONE (850) 412-3630.
THE RESPONDENT IS FURTHER NOTIFIED THAT IF A REQUEST FOR HEARING IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED BY THE AGENCY.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to: Zia U. Butt, Registered Agent for North Port Retirement Center, Inc. d/b/a The Gardens of North Port, 4400 Harbor Boulevard, Port Charlotte, Florida 33953, by United States Certified Mail, Return Receipt No. 7011 2000 0001 4884 9140 and to Danny Robinson, Administrator, North Port Retirement Center, Inc. d/b/a The Gardens of North
Port, 4900 South Sumter Boulevard, North Port, Florida 34287, by United States Certified Mail, Return Receipt No. 7011 2000 000148849133 on this \ 0 day of S:e. f>'t b-U- , 2012.
g, l:j G o I
Florida Bar No. 0364568
Agency for Health Care Administration Office of the General Counsel
2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901
(239) 335-1253
Copies furnished to:
Danny Robinson, Administrator North Port Retirement Center, Inc. d/b/a The Gardens of North Port 4900 South Sumter Boulevard North Port, Florida 34287 (U.S. Certified Mail) | Andrea M. Lang, Assistant General Counsel Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901 (Interoffice Mail) |
Zia U. Butt, Registered Agent for North Port Retirement Center, Inc. d/b/a The Gardens of North Port 4400 Harbor Boulevard Port Charlotte, Florida 33953 (U.S. Certified Mail) | Harold Williams Field Office Manager Agency for Health Care Administration 2295 Victoria Avenue, Room 340A Fort Myers, Florida 33901 (Interoffice Mail) |
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
vs. Case No. 2012005771
NORTH PORT RETIREMENT CENTER, INC. d/b/a THE GARDENS OF NORTH PORT,
Respondents.
/
ELECTION OF RIGHTS
This Election of Rights form is attached to a proposed action by the Agency for Health Care Administration (AHCA). The title may be an Administrative Complaint, Notice of Intent to Impose a Late Fee, or Notice of Intent to Impose a Late Fine.
Your Election of Rights must be returned by mail or by fax within twenty-one (21) days of the date you receive the attached Administrative Complaint, Notice oflntent to Impose a Late Fee, or Notice oflntent to Impose a Late Fine.
If your Election of Rights with your elected Option is not received by AHCA within twenty-one
(21) days from the date you received this notice of proposed action by AHCA, you will have given up your right to contest the Agency's proposed action and a Final Order will be issued.
Please use this form unless you, your attorney or your representative prefer to reply in accordance with Chapter 120, Florida Statutes (2011) and Rule 28, Florida Administrative Code.
PLEASE RETURN YOUR ELECTION OF RIGHTS TO THIS ADDRESS:
Agency for Health Care Administration Attention: Agency Clerk
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
Phone: 850-412-3630 Fax: 850-921-0158
PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS
OPTION ONE (1) I admit the allegations of fact and law contained in the Notice of
Intent to Impose a Late Fine or Fee, or Administrative Complaint and I waive my right to object and to have a hearing. I understand that by giving up my right to a hearing, a Final Order will be issued that adopts the proposed agency action and imposes the penalty, fine or action.
OPTION TWO (2) I admit the allegations of fact and law contained in the Notice of
Intent to Impose a Late Fine or Fee, or Administrative Complaint, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced.
OPTION THREE (3) I dispute the allegations of fact and law contained in the Notice of
Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, and I request a formal hearing (pursuant to Subsection 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings.
PLEASE NOTE: Choosing OPTION THREE (3) by itself is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of your receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28- 106.2015, Florida Administrative Code, which requires that it contain:
Your name, address, telephone number, and the name, address, and telephone number of your representative or lawyer, if any.
The file number of the proposed action.
A statement of when you received notice of the Agency's proposed action.
A statement of all disputed issues of material fact. If there are none, you must state that there are none.
Mediation under Section 120.573, Florida Statutes may be available in this matter if the Agency agrees.
License Type: (Assisted Living Facility, Nursing Home, Medical Equipment, Other)
Licensee Name: License Number:
Contact Person: _ Name Title
Address: Street and Number City State Zip Code
Telephone No. Fax No. E-Mail (optional) _
I hereby certify that I am duly authorized tu submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the above licensee.
Signature: _
Print Name:
Date: ---------
Title:
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
vs. Case Nos. 12-3880
2012005771
NORTH PORT RETIREMENT CENTER, INC. d/b/a THE GARDENS OF NORTH PORT,
Respondent.
I
SETTLEMENT AGREEMENT
Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, North Port Retirement Center, Inc. d/b/a The Gardens of North Port (hereinafter "Respondent"), pursuant to Section 120.57(4), Florida Statutes, each individually, a "party," collectively as "parties," hereby enter into this Settlement Agreement ("Agreement") and agree as follows:
WHEREAS, Respondent is an assisted living facility licensed pursuant to Chapters 408, Part II, and 429, Part I, Florida Statutes (2011); Section 20.42, Florida Statutes (2011), and Chapter 58A-5, Florida Administrative Code; and
WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Respondent, pursuant to Chapter 429, Part I, Florida Statutes (2011); and
WHEREAS, the Agency served Respondent with an administrative complaint on or about September 10, 2012, notifying the Respondent of its intent to impose administrative fines
in the amount of Two Thousand Five Hundred Dollars ($2,500.00) and a survey fee of Five Hundred Dollars ($500.00); and
WHEREAS, Respondent requested a formal administrative proceeding by filing a Request for Formal Administrative Proceeding; and
WHEREAS, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this proceeding; and
NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows:
All recitals herein are true and correct and are expressly incorporated herein.
Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties.
Upon full execution of this Agreement, Respondent agrees to waive any and all appeals and proceedings to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), Florida Statutes, a formal proceeding under Subsection 120.57(1), Florida Statutes, appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court of competent jurisdiction; and agrees to waive compliance with the form of the Final Order (findings of fact and conclusions oflaw) 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.
Upon full execution of this Agreement, the Agency agrees to voluntarily dismiss the administrative complaint.
in the amount of Two Thousand Dollars ($2,500.00) and a survey fee of Five Hundred Dollars ($500.00); and
WHEREAS, Respondent requested a formal administrative proceeding by filing a Request for Formal Administrative Proceeding; and
WHEREAS, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this proceeding; and
NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows:
All recitals herein are true and correct and are expressly incorporated herein.
Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties.
Upon full execution of this Agreement, Respondent agrees to waive any and all appeals and proceedings to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), Florida Statutes, a formal proceeding under Subsection 120.57(1), Florida Statutes, appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court of competent jurisdiction; and agrees to waive compliance with the form of the Final Order (findings of fact and conclusions oflaw) 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.
Upon full execution of this Agreement, the Agency agrees to voluntarily dismiss the administrative complaint.
Venue for any action brought to enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie in Circuit Court in Leon County, Florida.
Respondent acknowledges and agrees that this Agreement shall not preclude or estop any other federal, state, or local agency or office from pursuing any cause of action or taking any action, even if based on or arising from, in whole or in part, the facts raised in the administrative complaint. This agreement does not prohibit the Agency from taking action regarding Respondent's Medicaid provider status, conditions, requirements or contract.
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.
Each party shall bear its own costs and attorney's fees.
This Agreement shall become effective on the date upon which it is fully executed by all the parties.
Respondent for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from 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 Respondent or related facilities.
This Agreement is binding upon all parties herein and those identified in paragraph ten (10) of this Agreement.
In the event that Respondent was a Medicaid provider at the subject time of the occurrences alleged in the complaint herein, this settlement does not prevent the Agency from seeking Medicaid overpayments related to the subject issues or from imposing any sanctions pursuant to Rule 590-9.070, Florida Administrative Code.
The undersigned have read and understand this Agreement and have the authority to bind their respective principals to it. Respondent has the capacity to execute this Agreement. Respondent understands that it has the right to consult with counsel and has knowingly and freely entered into this Agreement without exercising its right to consult with counsel. Respondent affirms that Respondent understands counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced Respondent in its decision to enter into this Agreement.
This Agreement contains and incorporates the entire understandings and agreements of the parties.
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.
All parties agree that a facsimile signature suffices for an original signature.
The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement.
12/18/2012 16:29 19414232663 NORTH PORT PINES
12-J.7-'12 16:54 FROM-Ofc General Counsel 239-338-2699
PAGE 02/02
T-396 P0007/0007 F-643
y
Agency for Health Care Adminimation 2:727 Mahan Drive, Bldg #1 .
Tallahassee, Florida 32308
DATED: 2,,(u;{ l'3
S F. Willia.ms, General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3
Trulahassee, Florida 32308
DATED: 2- I 7 - / 3
ZiaU.Butt
North Port Retirement Center, Inc. d/b/a The Gardens of North Port 4950 Pocatella Avenue
North Port, Florida 34287
CL,, ik+= IV'. -d
Andrea M. Lang, Senior Attorney
Agency for Health Care Administration 2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901
DATED: I t (_p I \'3
s
| Issue Date | Proceedings |
|---|---|
| Mar. 01, 2013 | Settlement Agreement filed. |
| Mar. 01, 2013 | Agency Final Order filed. |
| Dec. 19, 2012 | Order Closing File and Relinquishing Jurisdiction. CASE CLOSED. |
| Dec. 19, 2012 | Joint Motion to Relinquish Jurisdiction filed. |
| Dec. 11, 2012 | Order of Pre-hearing Instructions. |
| Dec. 11, 2012 | Notice of Hearing (hearing set for January 29 and 30, 2013; 9:30 a.m.; Sarasota, FL). |
| Dec. 11, 2012 | Joint Response to Initial Order filed. |
| Dec. 11, 2012 | Notice of Ex-parte Communication. |
| Dec. 10, 2012 | Letter to Judge McArthur from K. Dunda requesting to have hearing in Charlotte County filed. |
| Dec. 04, 2012 | Initial Order. |
| Nov. 30, 2012 | Administrative Complaint filed. |
| Nov. 30, 2012 | Election of Rights filed. |
| Nov. 30, 2012 | Request for Administrative Hearing filed. |
| Nov. 30, 2012 | Notice (of Agency referral) filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 26, 2013 | Agency Final Order |
