STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

PALM GARDEN OF AVENTURA,

Petitioner,

2016 MAY 17 A !O: 39

DOAH No. 16-0117

V. AHCA No. 2015012690

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

            Respondent.                                                        

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FINAL ORDER

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

1. In accordance with a contract with the Centers for Medicare and Medicaid Services, the Agency conducted a federal survey of the Petitioner's skilled nursing facility and thereafter issued the Petitioner a federal statement of deficiencies. The Petitioner filed a Petition for Formal Administrative Proceeding ("Petition") seeking to challenge the federal findings.

   
   

2. The Agency referred the matter to the Division of Administrative Hearings where it was assigned to an Administrative Law Judge. The Agency promptly moved to dismiss the Petition based upon the Division's lack subject matter jurisdiction to decide the federal citations contained in a federal statement of deficiencies.

   
   

3. After receipt of the Agency ' s motion, the Petitioner filed a Notice of Voluntary Dismissal prior to a final ruling by the Administrative law Judge. The Administrative Law Judge issued an Order Closing File and Relinquishing Jurisdiction.

   
   

4. The Petition is voluntarily dismissed and the case is closed.

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ORDERED in Tallahassee, Florida, on this J_k_ day of _ _ ....,,,,,,.r--- - - - - - ' 2016.

retary

A 1c:a. are Administration

Filed June 2, 2016 12:04 PM Division of Administra1tive Hearings

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 corr py of this Final Order was served on the below- named persons by the method designated on this /Z_l>aay of /'-         , 2016.

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

Tallahassee, Florida 32308

Telephone (850) 412-3630

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Docket for Case No: 16-000117

Orders for Case No: 16-000117