Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ALBANY AVENUE ADULT CONGREGATE LIVING FACILITY, INC., D/B/A ALBANY AVENUE ACLF, INC.
Judges: D. R. ALEXANDER
Agency: Agency for Health Care Administration
Locations: Tampa, Florida
Filed: Nov. 23, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 1, 2016.
Latest Update: Sep. 13, 2016
15005622_282_09132016_16180054_eFIL.ED
STATE OF FLORIDA AHCA
AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK
STATE OF FLORIDA, AGENCY FOR
DdA7AliJ . i 5 2 Si
HEALTH CARE ADMINISTRATION, 15-6673
Petitioner,
V.
ALBANY AVENUE ADULT CONGREGATE LIVING FACILITY, INC., d/b/a ALBANY AVENUE ACLF, INC.,
Respondent.
/
AHCA NOS. 2015007268
2015010157
LICENSE NO. 6044
RENDmON NO.: AHCA-\ -0 13 -S-OLC
FINAL ORDER
Having reviewed the Administrative Complaints, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:
The Agency issued the attached Administrative Complaints and Election of Rights forms to the Respondent. (Ex. 1 and Ex. 2) The Election of Rights forms advised of the right to an administrative hearing.
The parties have since entered into the attached Settlement Agreement. (Ex. 3) 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The agency actions for license revocation are withdrawn.
The Respondent shall pay the Agency $4,500.00. 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:
Central Intake Unit
Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 61
Tallahassee, Florida 32308
Filed September 13, 2016 4:18 PM Division of Adm1inistrative Hearings
ORDERED at Tallahassee, Florida, on this j_ day of_ '2016.
ud k, Secretary
Agency for ealth 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
I CERTIFY that a true and correc y his Final Order was served on the below-named persons by the method designated on this f c , 2016.
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) |
David Selby, Assisted General Counsel | Nicolas Q. Porter, Esq. |
Office of the General Counsel | de la Parte & Gilbert, P.A. |
Agency for Health Care Administration | P.O. Box 2350 |
(Electronic Mail) | Tampa, Florida 33601 |
| (U.S. Mail) |
D.R. Alexander | Peter D. Manescala |
Administrative Law Judge | Owner/Officer |
Division of Administrative Hearings | Albany Avenue Adult Congregate Living |
1230 Apalachee Parkway | Facility, Inc. |
Tallahassee, Florida 32399-3060 | 1920 W. North B St. |
(Electronic Mail) | Tampa, Florida 33606 |
| (U.S. Mail) |
Docket for Case No: 15-006673
Issue Date |
Proceedings |
Sep. 13, 2016 |
Settlement Agreement filed.
|
Sep. 13, 2016 |
Agency Final Order filed.
|
Aug. 01, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 01, 2016 |
Joint Motion to Close File & Relinquish Jurisdiction filed.
|
Jun. 30, 2016 |
Agency's Notice of Service of Second Request For Production filed.
|
Jun. 20, 2016 |
Notice of Hearing by Video Teleconference (hearing set for August 22 and 23, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
|
Jun. 20, 2016 |
Joint Report Providing Suggested Hearing Dates filed.
|
Jun. 13, 2016 |
Order Granting Continuance.
|
Jun. 13, 2016 |
Joint Motion for Continuance (filed in Case No. 15-006673).
|
Jun. 13, 2016 |
Joint Motion for Continuance filed.
|
Jun. 02, 2016 |
Notice of Apperance (Thomas J. Walsh, II) filed.
|
May 06, 2016 |
Notice of Taking Depositions Duces Tecum (of Sammy Harvey, Jackie Manescala, and Peter Manescala) filed.
|
May 03, 2016 |
Respondent's Amended Notice of Taking Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310 (of Robin Baker, filed in Case No. 15-006673).
|
May 03, 2016 |
Respondent's Amended Notice of Taking Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310 (of Robin Baker) filed.
|
May 02, 2016 |
Respondent's Notice of Taking Deposition Duces Tecum Under Florida Rule of Civil Procedure 1.310 (Victor Kruppenbacher and Tresa Johnson) filed.
|
May 02, 2016 |
Respondent's Notice of Taking Deposition Duces Tecum Under Florida Rule Civil Procedure 1.310 (Robin Baker) filed.
|
Mar. 09, 2016 |
Notice of Hearing by Video Teleconference (hearing set for June 28 and 29, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
|
Mar. 08, 2016 |
Joint Status Report (filed in Case No. 15-006673).
|
Mar. 08, 2016 |
Joint Status Report filed.
|
Feb. 02, 2016 |
Order Placing Cases in Abeyance (parties to advise status by March 8, 2016).
|
Feb. 01, 2016 |
Respondent?s Response to Agency?s First Request for Admissions (filed in Case No. 15-006673).
|
Feb. 01, 2016 |
Respondent?s Response to Agency?s First Request to Produce (filed in Case No. 15-006673).
|
Feb. 01, 2016 |
Respondent?s Notice of Service of Responses to Petitioner?s First Set of Interrogatories (filed in Case No. 15-006673).
|
Feb. 01, 2016 |
Respondent?s Response to Agency?s First Request for Admissions filed.
|
Feb. 01, 2016 |
Respondent?s Response to Agency?s First Request to Produce filed.
|
Feb. 01, 2016 |
Respondent?s Notice of Service of Responses to Petitioner?s First Set of Interrogatories filed.
|
Jan. 29, 2016 |
Joint Status Report (filed in Case No. 15-006673).
|
Jan. 29, 2016 |
Joint Status Report filed.
|
Jan. 28, 2016 |
Agency's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories (Case No. 15-6673) (filed in Case No. 15-006673).
|
Jan. 28, 2016 |
Agency's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories (Case No. 15-6673) filed.
|
Jan. 12, 2016 |
Agency's Notice of Service of Responses to Respondent's First Set of Interrogatories & First Request for Production of Documents (Cases 15-5622 & 15-6673, filed in Case No. 15-006673).
|
Jan. 12, 2016 |
Agency's Notice of Service of Responses to Respondent's First Set of Interrogatories & First Request for Production of Documents (Cases 15-5622 & 6673) filed.
|
Dec. 23, 2015 |
Agency's Notice of Service of First Requests for Interrogatories, Production & Admissions (filed in Case No. 15-006673).
|
Dec. 23, 2015 |
Agency's Notice of Service of First Requests for Interrogatories, Production & Admissions filed.
|
Dec. 14, 2015 |
Order Continuing Hearing (parties to advise status by January 29, 2016).
|
Dec. 14, 2015 |
Order Consolidating Cases (DOAH Case Nos. 15-5622 and 15-6673)).
|
Dec. 11, 2015 |
Joint Motions to Consolidate & to Continue Final Hearing filed.
|
Dec. 02, 2015 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2015 |
Notice of Hearing by Video Teleconference (hearing set for January 28, 2016; 9:30 a.m.; Tampa and Tallahassee, FL).
|
Dec. 01, 2015 |
Joint Response to Initial Order filed.
|
Nov. 25, 2015 |
Respondent's First Request for Production to Petitioner (Case No. 15-6673) filed.
|
Nov. 25, 2015 |
Respondent's Notice of Serving First Set of Interrogatories to Petitioner (Case No. 15-6673) filed.
|
Nov. 24, 2015 |
Notice of Appearance (Nicholas Porter) filed.
|
Nov. 24, 2015 |
Initial Order.
|
Nov. 23, 2015 |
Election of Rights filed.
|
Nov. 23, 2015 |
Petition for Formal Administrative Hearing in Response to Administrative Complaint filed.
|
Nov. 23, 2015 |
Notice (of Agency referral) filed.
|
Nov. 23, 2015 |
Administrative Complaint filed.
|
Orders for Case No: 15-006673