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AGENCY FOR HEALTH CARE ADMINISTRATION vs HAPPINESS CARE CENTER, II, INC., 13-002570 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002570
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: HAPPINESS CARE CENTER, II, INC.
Judges: MARY LI CREASY
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jul. 12, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 23, 2013.

Latest Update: Jun. 04, 2014
13002570_AFO_06032014_05323114_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


V. AHCA NO. 2013006706


HAPPINESS CARE CENTER 11, INC.,


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:


  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. The Respondent requested a Formal Administrative Hearing. The matter was referred to the Division of Administrative Hearings and later relinquished back to the Agency. On February 27, 2014, the Respondent surrendered its license. The Agency filed a Motion to Dismiss Petition for Formal Hearing, which was granted on May 14, 2014. (Ex. 2)


Based upon the foregoing, it is ORDERED:


  1. The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order.


  2. An administrative fine of $23,000.00 is imposed on the Respondent. 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, Mail Stop 14

Tallahassee, Florida 32308



Filed June 4, 2014 8:00 AM Division of Administra1tive Hearings

ORDERED at Tallahassee, Florida, on this 7 day of      

_,_b.,       , ""-"-= + ' 2014.



Elizabeth Dudek, ecretary

Agency for Healt 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 corre his Final Orsler_was served on the below-named persons by the method designated on this y of / VZa.....V , 2014.

/  


Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, 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)

Nelson E. Rodney

Craig A. Brand, Esquire

Office of the General Counsel

Brand Law Firm

Agency for Health Care Administration

Grove Forest Plaza

(Electronic Mail)

2937 S.W. 2J1h Avenue, Suite 101


Miami, Florida 33133


(U.S. Mail)


2


Docket for Case No: 13-002570
Issue Date Proceedings
Jun. 04, 2014 Order on Motion to Dismiss Petition for Formal Hearing and Entry of Final Order filed.
Jun. 04, 2014 Agency Final Order filed.
Aug. 23, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 22, 2013 Unopposed Motion to Relinquish Jurisdiction filed.
Aug. 22, 2013 Amended Notice of Hearing (hearing set for August 27 and 28, 2013; 9:00 a.m.; Miami, FL; amended as to hearing location).
Aug. 19, 2013 Respondent's (Proposed) Exhibit List filed.
Aug. 16, 2013 Joint Prehearing Stipulation filed.
Aug. 15, 2013 Order Denying Continuance of Final Hearing.
Aug. 15, 2013 CASE STATUS: Motion Hearing Held.
Aug. 14, 2013 Motion for Continuance filed.
Aug. 06, 2013 Respondent's Amended Responses/Objections to Petitioner's First Request for Production filed.
Aug. 06, 2013 Respondent's Responses/Objections to Petitioner's First Request for Production filed.
Aug. 06, 2013 Respondent's Responses to Petitioner's Request for Admissions filed.
Jul. 22, 2013 Notice of Filing Interrogatories, Admissions and Request for Production filed.
Jul. 19, 2013 Order of Pre-hearing Instructions.
Jul. 19, 2013 Notice of Hearing (hearing set for August 27 and 28, 2013; 9:00 a.m.; Miami, Florida).
Jul. 16, 2013 Joint Response to Initial Order filed.
Jul. 15, 2013 Initial Order.
Jul. 12, 2013 Respondent's Answer Towards Petitioner's Administrative Complaint and Demand for an Expedited Administrative Law Judge Hearing filed.
Jul. 12, 2013 Administrative Complaint filed.
Jul. 12, 2013 Notice of Unavailability and Absence from Jurisdiction filed.
Jul. 12, 2013 Respondent's Petition for Formal Hearing, Denial of the Petitioner's Allegations and Prayer for Relief Pursuant to F.S. 120.57, and F.A.C. Rule 28-106.2015; Petitioner's Administrative Complaint; and Demand for an Expedited Administrative Law Judge Hearing filed.
Jul. 12, 2013 Election of Rights (2) filed.
Jul. 12, 2013 Notice filed.

Orders for Case No: 13-002570
Issue Date Document Summary
May 28, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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