STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

ALL AMERICA ADULT CONGREGATE LIVING FACILITY, INC.,

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Petitioner,

v.

AHCA No.: 2012007979

DOAH No.: 13-1068

RENDITION NO.: AHCA- li.f - <1-H- I -S-OLC

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                            I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner, AHCA No.: 2012011519

DOAH No.: 14-1640

v.

ALL AMERICA ADULT CONGREGATE LIVING FACILITY, INC.,

Respondent.

                                                                            I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner, AHCA No.: 2012005108

CASE No.: 13-115PH

v.

ALL AMERICA ADULT CONGREGATE LIVING FACILITY, INC.,

Respondent.

                                                                            I

FINAL ORDER

Having reviewed the Administrative Complaints and the Notice of Intent to Deny, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:

Administrative

1Filed May 15, 2014 4:15 PM Division of Hearings

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, the Notice of Intent to Deny and Election of Rights forms to All America Adult Congregate Living Facility, Inc. (Composite 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. All America Adult Congregate Living Facility, Inc. shall pay $3,500.00 in administrative fines to the Agency within thirty (30) days of the entry of the Final Order. 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

   
   

6. The Notice of Intent to Deny is withdrawn. If the Agency has not already completed its review of the application, it shall resume its review of the application upon entry of the Final Order adopting this Agreement. Nothing in this agreement, however, shall prohibit the Agency from denying the renewal application based upon any statutes and rules, and if applicable, an unsatisfactory licensure survey, with the exception of any grounds stated in the Notice of Intent to Deny and the administrative complaints at issue. In the case of such a denial, the provider will be provided the right to contest the Agency's action in accordance with Chapter 120, Florida Statutes.

   
   

7. If All America Adult Congregate Living Facility, Inc. is cited with one Class I or two Class II deficiencies and at least two uncorrected Class III deficiencies on the same survey within the next six months, this shall be grounds for revocation or denial of its license as set out in Section 429.14(1)(e), Florida Statutes.

   
   

8. All America Adult Congregate Living Facility, Inc., shall ensure that its residents have access to quality health care. Quality health care is especially needed in this area given the population that this type of provider serves.

ORDERED at Tallahassee, Florida, on this ;>/day of      

   ---------' 2014.

Eli

Agency for

ecretary

Care 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

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I CERTIFY that a true and correct of this Final Order was served on the below-named

persons by the method designated on this K_

2014.

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

Docket for Case No: 14-001640

Orders for Case No: 14-001640