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AGENCY FOR HEALTH CARE ADMINISTRATION vs PECAN TREE HOLDINGS, LLC, D/B/A PLANTATION OAKS SENIOR LIVING RESIDENCE, 13-004477 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004477 Visitors: 15
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PECAN TREE HOLDINGS, LLC, D/B/A PLANTATION OAKS SENIOR LIVING RESIDENCE
Judges: BARBARA J. STAROS
Agency: Agency for Health Care Administration
Locations: Gainesville, Florida
Filed: Nov. 19, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 18, 2014.

Latest Update: Nov. 13, 2014
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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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Petitioner,

CASE NO.:

14-212PH


DOAH CASE NO.

13-4477

vs.

AHCA CASE NOS.

2013000614


PECAN TREE HOLDINGS, LLC


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2013005301

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D/B/A PLANTATION OAKS SENIOR



LIVING RESIDENCE,




Respondent.

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STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner, AHCA CASE NO. 2014005773


vs.


PECAN TREE HOLDINGS, LLC. d/b/a PLANTATION OAKS SENIOR LIVING RESIDENCE,


Respondent.

/


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 Complaints and Election of Rights forms to the Respondent. (Ex. I) 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)


Page 1 of 3

Filed November 13, 2014 3:03 PM Division of Administrative Hearings


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. The Respondent shall relinquish the Limited Nursing License, and the Agency will issue a Standard license. The Respondent shall retain the services of a consultant; a full-time registered nurse to administer the day-to-day medication management program; and a licensed pharmacist as set forth in Paragraph 4(d), (e) and (f) of the Settlement Agreement.


  2. The Respondent shall pay the Agency $16,000.00. 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


ry

e Administration

ORDERED in Tallahassee, Florida, on this11_ day of /\lo , 2014.



NOTICE OF RIGHT TO JUDICIAL REVIEW


A party that is adversely affected by this Final Order is entitled to seek 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 HEREBY CERTIFY that a true and correct copy oft Final Order was served gn t low- named persons/entities by the method designated on this -,c:..--:::-:ay:-:-::o::i:- /)f;t/ ,

2014.


Richard J. Shoop, Agency

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

Tallahassee, Florida 32308-5403

Telephone (850) 412-3630


Barbara J. Staros Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)

Thomas J. Walsh II, Esquire Informal Hearing Officer

Agency for Health Care Administration

(Electronic Mail)

John F. Gilroy, III, Esquire

Counsel for Pecan Tree Holdings, LLC

d/b/a Plantation Oaks Senior Living Residence 1695 Metropolitan Circle, Suite 2

Tallahassee, Florida 32308-8722

(U.S. Mail)

Teresita A. Viv6 Assistant General Counsel

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Jan Mills

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Kris Mennella, Field Office Manager Local Field Office

Agency for Health Care Administration

(Electronic Mail)

Finance and Accounting Revenue Management Unit

Agency for Health Care Administration

(Electronic Mail)

Catherine Ann Avery, Unit Manager Assisted Living Facility Unit

Agency for Health Care Administration

(Electronic Mail)


Docket for Case No: 13-004477
Issue Date Proceedings
Nov. 13, 2014 Settlement Agreement filed.
Nov. 13, 2014 Agency Final Order filed.
Mar. 18, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 17, 2014 Agreed Motion for Relinquishment of Jurisdiction filed.
Feb. 11, 2014 Notice of Substitution of Counsel (John Gilroy) filed.
Jan. 24, 2014 Order Re-scheduling Hearing by Video Teleconference (hearing set for April 8, 2014; 9:30 a.m.; Gainesville, FL).
Jan. 24, 2014 Joint Response to Order Granting Continuance filed.
Jan. 16, 2014 Order Granting Continuance (parties to advise status by January 24, 2014).
Jan. 15, 2014 Joint Motion to Continue Final Hearing and Place Case in Abeyance filed.
Jan. 09, 2014 Respondent's First Request for Production filed.
Jan. 09, 2014 Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
Nov. 27, 2013 Order of Pre-hearing Instructions.
Nov. 27, 2013 Notice of Hearing by Video Teleconference (hearing set for February 4, 2014; 9:30 a.m.; Gainesville and Tallahassee, FL).
Nov. 26, 2013 Amended Joint Response to Initial Order filed.
Nov. 26, 2013 Joint Response to Initial Order filed.
Nov. 20, 2013 Initial Order.
Nov. 19, 2013 Administrative Complaint filed.
Nov. 19, 2013 Petition for Formal Administrative Hearing filed.
Nov. 19, 2013 Election of Rights filed.
Nov. 19, 2013 Notice (of Agency referral) filed.

Orders for Case No: 13-004477
Issue Date Document Summary
Nov. 12, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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