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AGENCY FOR HEALTH CARE ADMINISTRATION vs FAIRWAY PARK RETIREMENT FACILITY CORP., 17-002472 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-002472 Visitors: 3
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: FAIRWAY PARK RETIREMENT FACILITY CORP.
Judges: MARY LI CREASY
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Apr. 24, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 11, 2017.

Latest Update: Aug. 23, 2017
17002472_282_08232017_14241715_e

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STATE OF FLORIDA , ·: . '·.· , . - ..,, ,

AGENCY FOR HEALTH CARE ADMINISTRATION ;,, " ' I L: ..: :.h


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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Petitioner,


V.


DOAH NO. 17-2472

AHCA NO. 2017002236

LICENSE NO. 8673

FAIRWAY PARK RETIREMENT FACILITY CORP.,


Respondent.

                                                                               I


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 Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. The Respondent requested a formal hearing and the matter was referred to the Division of Administrative Hearings. Thereafter, the Respondent voluntarily withdrew its request for formal hearing. (Ex. 2). The Respondent thus waived the right to a hearing to contest the allegations and sanction sought in the Administrative Complaint.


    Based upon the foregoing, it is ORDERED:


  3. The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order.


  4. The Respondent shall pay the Agency $26,500.00. 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 August 23, 2017 2:24 PM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this 2( day of ----=-=; <Q.... ' 2017.



Justi Age

terim Secretary 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.


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

y of                 6 ,2017.

CERTIFICATE OF SERVICE



persons by the method designated on this 2[

A, ,



Rich Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit (Electronic Mail)

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

Lourdes A. Naranjo, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Daniel L. Leyton, Esq.

Kravitz, Talamo, & Leyton, LLP 7600 West 20th Avenue, Suite 213

Hialeah, Florida 33016

(U.S Mail)

Division of Administrative Hearings (Electronic Filing)



2


Docket for Case No: 17-002472
Issue Date Proceedings
Aug. 23, 2017 Agency Final Order filed.
Jul. 11, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 11, 2017 Respondent's Notice of Withdrawal of Its Request for a Petition for Formal Administrative Hearing filed.
Jun. 30, 2017 Order on Petitioner's Discovery Motions.
Jun. 30, 2017 Order Granting Continuance and Rescheduling Hearing (hearing set for September 19 through 22, 2017; 9:00 a.m.; Miami, FL).
Jun. 29, 2017 CASE STATUS: Motion Hearing Held.
Jun. 29, 2017 Respondent, Fairway Park Retirement Facility, Corp., Motion to Continue Trial filed.
Jun. 29, 2017 AHCA's Notice of Unavailability filed.
Jun. 26, 2017 AHCA's Request to Deem the Matters Set Out in AHCA's Requests for Admissions Admitted filed.
Jun. 26, 2017 AHCA'S Motion to Compel Responses to Interrogatories and Requests for Production of Documents filed.
May 10, 2017 AHCA's Notice of Filing Exhibit A to AHCA's First Request for Admissions filed.
May 10, 2017 AHCA's First Set of Interrogatories filed.
May 10, 2017 AHCA's First Request for Admissions filed.
May 10, 2017 AHCA's First Request for Production filed.
May 03, 2017 Notice of Hearing (hearing set for July 18 through 21, 2017; 9:00 a.m.; Miami, FL).
May 03, 2017 Order of Pre-hearing Instructions.
May 02, 2017 Respondent's Unilateral Response to Initial Order filed.
May 01, 2017 Unilateral Response to Initial Order filed.
Apr. 24, 2017 Initial Order.
Apr. 24, 2017 Petition for Formal Administrative Hearing filed.
Apr. 24, 2017 Election of Rights filed.
Apr. 24, 2017 Administrative Complaint filed.
Apr. 24, 2017 Notice (of Agency referral) filed.

Orders for Case No: 17-002472
Issue Date Document Summary
Aug. 21, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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