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AGENCY FOR HEALTH CARE ADMINISTRATION vs PALMS BIRTH HOUSE, LLC, 20-000132 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000132 Visitors: 2
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PALMS BIRTH HOUSE, LLC
Judges: BRITTANY O. FINKBEINER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jan. 14, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 3, 2020.

Latest Update: Nov. 15, 2024
Summary: STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR 2021 JUN -2 A 11: 414 HEALTH CARE ADMINISTRATION, Petitioner, AHCA NO.: 2019009484 V. RENDITION NO.: AHCA-a t - ( 7] L -S-OLC PALMS BIRTH CENTER, LLC, Respondent. 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 issu
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20000132_282_06252021_09283018_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


2021 JIJN -2 A ti: 4


Petitioner,

v.

AHCA NO.: 2019009484

llENDITION NO.: AHCA- ';} l - S 31 -S-OLC


PALMS BIRTH CENTER, LLC,


Respondent.

/


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 issued the attached Administrative Complaint and Election of Rights fonn to the Respondent. (Ex. 1) The parties have since entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final Order. (Ex. 2)


  2. The Respondent shall pay the Agency $500.00. The action seeking license revocation is withdrawn. 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

ORDERED at Tallahassee, Florida, on this 21 day of ' 2021.


Smoak, Acting Deputy Secretary Health Care Administration


Filed June 25, 2021 9:28 AM Division of Administrative Hearings

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 corrcct of this Final Order was served on the below-named

persons by the method designated on this ay of --;........


Richa:"""-'--...--.. oop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: (850) 412-3630

, 2021


Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

D. Carlton Enfinger, Attorney

Max R. Price, Esquire

Office of the General Counsel

Law Offices of Max R. Price, P.A.

Agency for Health Care Administration

6701 Sunset Drive, Suite 104

(Electronic Mail)

Miami, Florida 33143


mprice@pricelegal.com


(Electronic Mail)


2


Docket for Case No: 20-000132
Issue Date Proceedings
Jun. 25, 2021 Settlement Agreement filed.
Jun. 25, 2021 Agency Final Order filed.
Nov. 03, 2020 Order Closing File. CASE CLOSED.
Nov. 02, 2020 Joint Motion to Relinquish Jurisdiction filed.
Sep. 28, 2020 Notice of Hearing by Zoom Conference (hearing set for November 18, 2020; 9:00 a.m., Eastern Time; Miami).
Jun. 18, 2020 Unilateral Status Report filed.
May 20, 2020 Order Continuing Case in Abeyance (parties to advise status by June 18, 2020).
May 18, 2020 Status Report filed.
Apr. 16, 2020 Order Continuing Case in Abeyance (parties to advise status by May 18, 2020).
Apr. 16, 2020 Agency's Motion to Continue Abeyance filed.
Mar. 27, 2020 Agency's Answers to Respondent's Corrected Request for Admissions to Petitioner filed.
Mar. 17, 2020 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by April 16, 2020).
Mar. 16, 2020 Agency's Motion to Hold Matter in Abeyance filed.
Mar. 16, 2020 Order Denying Motion to Strike or Limit Petitioner's Witnesses and Exhibits.
Mar. 13, 2020 Agency's Motion to Compel Discovery filed.
Mar. 13, 2020 Response in Opposition of the Respondent's Motion to Strike or Limit Petitioner's Witnesses and Exhibits filed.
Mar. 11, 2020 Notice of Appearance (D. Enfinger) filed.
Mar. 11, 2020 Respondent's Motion to Strike or Limit Petitioner's Witnesses and Exhibits, Motion in Limine filed.
Mar. 04, 2020 Order Denying Respondent's Motion to Shorten Time for Petitioner's Response to Request for Production and Request for Admissions.
Mar. 03, 2020 Response in Opposition of Respondent's Motion to Shorten Time for Petitioner's Response to Request for Production and Request for Admissions filed.
Feb. 27, 2020 Order Denying Petitioner's Motion for Relinquishment and Granting Respondent's Motion for Leave to Respond to Admissions and Motion for Additional Time to Respond to Petitioner's Discovery
.
Feb. 27, 2020 CASE STATUS: Motion Hearing Held.
Feb. 27, 2020 Respondent's Motion to Shorten Time for Petitioner's Response to Request for Production and Request for Admissions filed.
Feb. 26, 2020 Respondent's Request for Production to Petitioner filed.
Feb. 26, 2020 Respondent's Corrected Request for Admissions to Petitioner filed.
Feb. 25, 2020 Respondent's Responses to Petitioner's First Request for Production filed.
Feb. 25, 2020 Respondent's Notice of Serving Answers to Agency's First Set of Interrogatories filed.
Feb. 25, 2020 Respondent's Request for Admissions to Petitioner filed.
Feb. 19, 2020 Respondent's Answers to Petitioner's First Request for Admissions filed.
Feb. 19, 2020 Respondent's Objection to Petitioner's Motion for Relinquishment and Sworn Motion for Leave to Respond to Admissions and Motion for Additional Time to Respond to Petitioner's Discovery filed.
Feb. 18, 2020 Motion to Relinquish Jurisdiction filed.
Jan. 27, 2020 Order of Pre-hearing Instructions.
Jan. 27, 2020 Notice of Hearing by Video Teleconference (hearing set for March 25, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 24, 2020 Joint Response to Initial Order filed.
Jan. 22, 2020 Order Granting Extension of Time.
Jan. 21, 2020 Motion for an Extension of Time for Filing Joint Response to Initial Order filed.
Jan. 15, 2020 Agency's Notice of Service of Agency's First Set of Interrogatories, Request for Admissions, and Request for Production of Documents to Respondent filed.
Jan. 15, 2020 Initial Order.
Jan. 14, 2020 Notice of Filing Election of Rights, Election of Rights filed.
Jan. 14, 2020 Notice of Appearance (Max Price).
Jan. 14, 2020 Request for Formal Hearing filed.
Jan. 14, 2020 Amended Administrative Complaint filed.
Jan. 14, 2020 Notice (of Agency referral) filed.

Orders for Case No: 20-000132
Issue Date Document Summary
Jun. 02, 2021 Agency Final Order STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 
STATE OF FLORIDA, AGENCY FOR 2021 JUN -2 A 11: 414 HEALTH CARE ADMINISTRATION, 
Petitioner, AHCA NO.: 2019009484 
V. RENDITION NO.: AHCA-a t - ( 7] L -S-OLC 
PALMS BIRTH CENTER, LLC, Respondent. 
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 issued the attached Administrative Complaint and Election of Rights form to 
the Respondent. ( Ex. 1) The parties have since entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final Order. ( Ex. 2) 
2. The Respondent shall pay the Agency $500.00. The action seeking license revocation is withdrawn. If full payment has been made, the cancelled check acts as receipt of payment and no further paymentisrequired. Iffullpaymenthasnotbeenmade, paymentisduewithin30daysoftheFinalOrder. 
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 
ORDERED at Tallahassee, Florida, on this . , day of , 2021. 
Kimberly % Smoak, Acting Deputy Secretary Agency fo Health 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 ofAppeal 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 ofthe order to be reviewed. 
CERTIFICATE OF SERVICE 
I CERTIFY that a true and corr~ct of this Final Order was served on the below-named
c persons by the method designated on this ay of --; ~ , 2021 
......... 
Richa: oop, Agency Clerk 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) Central Intake Unit Agency for Health Care Administration (Electronic Mail) 
D. Carlton Enfinger, Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) Max R. Price, Esquire Law Offices of Max R. Price, P .A. 6701 Sunset Drive, Suite 104 Miami, Florida 33143 mprice@pricelegal.com (Electronic Mail) 
2
Source:  Florida - Division of Administrative Hearings

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