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AGENCY FOR HEALTH CARE ADMINISTRATION vs SOUTHEAST SENIOR CARE MANAGEMENT GROUP, LLC D/B/A MEMORY LANE, 15-003162 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003162 Visitors: 2
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SOUTHEAST SENIOR CARE MANAGEMENT GROUP, LLC D/B/A MEMORY LANE
Judges: LAWRENCE P. STEVENSON
Agency: Agency for Health Care Administration
Locations: Ocala, Florida
Filed: Jun. 02, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 18, 2015.

Latest Update: Oct. 09, 2015
15002866_282_10092015_16305099_e



STATE OF FLORIDA

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AGENCYFORHEALTHCAREADMINISTRATION 2015 SEP 30 P !2: 11


SOUTHEAST SENIOR CARE MANAGEMENT GROUP, LLC,

d/b/a MEMORY LANE,


Petitioner,


V.


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

                                                                               I


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


V.

DOAH NO. 15-2866


AHCA NO. 2014009339

License No. 11887

File No. 11967908

Provider Type: Assisted Living Facility

RENDITION NO.: AHCA-15 ·c,g(ol.R -S-OLC


DOAH NO. 15-3162


AHCA NO. 2014004025


SOUTHEAST SENIOR CARE MANAGEMENT GROUP, LLC,

d/b/a MEMORY LANE,


            Respondent.                                                  

/


FINAL ORDER


THESE CAUSES came on for consideration before the Agency for Health Care Administration ("the Agency"), which finds and concludes as follows:


  1. The Agency issued Southeast Senior Care Management Group, LLC, d/b/a Memory Lane, the attached Amended Notice of Intent to Deny for Renewal Application (Ex. 1) and the attached Amended Administrative Complaint. (Ex. 2). The parties have since entered into the attached Settlement Agreement (Ex. 3), which is adopted and incorporated by reference.


  2. The Agency shall grant the Licensee a provisional license with an expiration date of January 29, 2016. At the conclusion of this period, the provisional license shall expire on its own by operation of law and neither the Licensee nor any prospective change of ownership ("CHOW")


    Filed October 9, 2015 4:30 PM Division of Administ1rative Hearings


    applicant shall have any privilege, interest or remedy to extend the provisional licensure period any further than this expiration date.


  3. During the provisional licensure period, the Licensee may secure a bona fide purchaser or purchasers for value with regard to the facility through an arm's length transaction and consent to the CHOW application for the facility, as set forth in the Settlement Agreement. The CHOW application must be filed with the Agency by no later than November 1, 2015.


  4. An administrative fine of $24,000.00 is imposed against the Licensee, but STAYED in accordance with the terms of the Settlement Agreement.


  5. A voluntary moratorium on admissions is imposed upon the Licensee in accordance with the terms of the Settlement Agreement.


  6. The Amended Notice of Intent to Deny is WITHDRAWN subject to the terms of the parties' Settlement Agreement.


  7. The Amended Administrative Complaint is WITHDRAWN subject to the terms of the parties' Settlement Agreement.


  8. The parties shall comply with all other terms in the Settlement Agreement.


ecretary

Care Administration

ORDERED in Tallahassee, Florida, on this 2-8 day of_ '2015.



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


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I HEREBY CERTIFY that a true and corre py of this Final Order was served on the below- named persons by the method designated on this M  '>crayof 2015.



Richard J. Shoop, Agency erk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone (850) 412-3630


Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Catherine Anne Avery, Unit Manager Licensure Unit

Agency for Health Care Administration

(Electronic Mail)

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

Kriste Mennella, Field Office Manager Local Field Office

Agency for Health Care Administration

(Electronic Mail)

Warren Bird, Presiding Officer Presiding Officer

Agency for Health Care Administration (Electronic Mail)

Jeffery S. Howell, Esquire Phipps & Howell

P.O. Box 1351

Tallahassee, FL 32302 (U.S. Mail)

David Selby, Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

John Cheney, Individually & as Director Southeast Senior Care Management Group, LLC d/b/a Memory Lane

P.O. Box 1010

Dade City, FL 33526 (U.S. Mail)

Thomas M. Hoeler, Chief Facilities Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Anita Helmig, Individually & as Director Southeast Senior Care Management Group, LLC d/b/a Memory Lane

PO Box 1010

Dade City, FL 33526 (U.S. Mail)

Division of Administrative Hearings (Electronic Filing)



Docket for Case No: 15-003162
Issue Date Proceedings
Oct. 09, 2015 Settlement Agreement filed.
Oct. 09, 2015 Agency Final Order filed.
Aug. 18, 2015 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 14, 2015 Joint Motion to Relinquish Jurisdiction (filed in Case No. 15-003162).
Aug. 14, 2015 Joint Motion to Relinquish Jurisdiction filed.
Jul. 06, 2015 Order of Pre-hearing Instructions.
Jul. 06, 2015 Notice of Hearing (hearing set for September 1 and 2, 2015; 9:00 a.m.; Ocala, FL).
Jun. 24, 2015 Joint Response to Order of Consolidation filed.
Jun. 16, 2015 Order of Consolidation (DOAH Case Nos. 15-2866 and 15-3162).
Jun. 10, 2015 Joint Response to Initial Order & Joint Motion to Consolidate filed.
Jun. 03, 2015 Initial Order.
Jun. 02, 2015 Amended Administrative Complaint filed.
Jun. 02, 2015 Petition for Formal Administrative Proceding filed.
Jun. 02, 2015 Notice (of agency referral) filed.

Orders for Case No: 15-003162
Issue Date Document Summary
Sep. 29, 2015 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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