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AGENCY FOR HEALTH CARE ADMINISTRATION vs LP PORT CHARLOTTE, LLC, D/B/A SIGNATURE HEALTHCARE OF PORT CHARLOTTE, 14-005336 (2014)
Division of Administrative Hearings, Florida Filed:Port Charlotte, Florida Nov. 13, 2014 Number: 14-005336 Latest Update: Mar. 20, 2015

Conclusions 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 Il, 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $10,000.00 in administrative fines. 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. In addition the Respondent shall pay the Agency $6,000.00 as survey fee in accord with law. The checks are to be made payable to the “Agency for Health Care Administration” and contain the AHCA ten-digit case number and should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 1 Filed March 20, 2015 11:10 AM Division of Administrative Hearings 3. Conditional licensure status is imposed on the Respondent beginning on June 13, 2014 and ending on July 28, 2014. ORDERED at Tallahassee, Florida, on this / O day of Mag, , 2015. ot, h buf Seca for Health Care Administration

Other Judicial Opinions 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 of this Final Order yas served on the below-named persons by the method designated on this Ja ay of ere. , 2015. Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Deborah E. Leoci Jonathan s. Grout, Esq., Office of the General Counsel Attorney for Facility Agency for Health Care Administration Goldsmith & Grout, P.A. (Electronic Mail) PO Box 2011 Winter Park, Florida 32790 (U.S. Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs SOVEREIGN HEALTHCARE OF TITUSVILLE, LLC, D/B/A ROYAL OAKS NURSING AND REHAB CENTER, 11-005641 (2011)
Division of Administrative Hearings, Florida Filed:Viera, Florida Nov. 02, 2011 Number: 11-005641 Latest Update: Feb. 21, 2012

Conclusions 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $1,875.00 in administrative fines. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 1 Filed February 21, 2012 2:54 PM Division of Administrative Hearings 3. Conditional licensure status is imposed on the Respondent beginning on June 17, 2011 and ending on July 28, 2011. 201 ORDERED at Tallahassee, Florida, on this _! 7 day of feta “i ws, - f iy Elizabdth Dudek, pean Agency for Health'€are Administration

Other Judicial Opinions 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 correct persons by the method designated on this ,201f- copy of this Final Order was served on the below-named Bin ol feu Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Agency for Health Care Administration (Electronic Mail) Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas J. Walsh II Jonathon S. Grout, Esq. Office of the General Counsel Goldsmith & Grout Counsel for Respondent 2431 Aloma Avenue, suite 249 Winter Park, Florida 32792 (U.S. Mail) R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings (Electronic Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs ADA, INC., ALF, D/B/A ADA ALF, INC., 13-004784 (2013)
Division of Administrative Hearings, Florida Filed:Miami, Florida Dec. 13, 2013 Number: 13-004784 Latest Update: Oct. 08, 2014

Conclusions 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $300.00 in administrative fines. Said fine is to be paid to the Agency within thirty (30) days of the entry of the Final Order. 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 as set forth in the prior sentence. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 *Pursuant to the Florida Department of State, Division of Corporations, the Respondent’s proper name is ADA ALF, Inc. Filed October 8, 2014 1:01 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this 3 day of Ooh , 2014.

Other Judicial Opinions 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 correct_copy of this Final Order was served on the below-named persons by the method designated on thi ay of ju , 2014. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Teresita A. Viv6é, Assistant General Counsel Emilia Rondon, Administrator Office of the General Counsel ADA, Inc., ALF d/b/a ADA ALF, Inc. Agency for Health Care Administration 683 Northwest 122! Place (Electronic Mail) Miami, Florida 33182 (U. S. Mail) Cathy M. Sellers Administrative Law Judge Division of Administrative Hearings (Electronic Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs SF TAMPA, LLC D/B/A ACCENTIA HEALTH AND REHABILITATION CENTER OF TAMPA BAY, 12-000101 (2012)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Jan. 09, 2012 Number: 12-000101 Latest Update: May 09, 2012

Conclusions 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 H, 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $1,000.00 in administrative fines. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 3. 1 Filed May 9, 2012 10:49 AM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this day of Mey 2012. bap Agency fer Health Caré Administration

Other Judicial Opinions 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 correct_copy of this Final Order was served on the below-named persons by the method designated on this Sota Richard Shoop, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas J. Walsh II Office of the General Counsel R. Davis Thomas, Jr. Respondent’s Qualified Representative Agency for Health Care Administration 2 North Polafox Street (Electronic Mail) Pensacola, Florida 32502 (U.S. Mail) Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings (Electronic Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs MORTON PLANT HOSPITAL ASSOCIATION, INC., D/B/A MORTON PLANT HOSPITAL, 13-002075 (2013)
Division of Administrative Hearings, Florida Filed:Clearwater, Florida Jun. 07, 2013 Number: 13-002075 Latest Update: Jul. 29, 2013

Conclusions 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 with an Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $1,000.00 in administrative fines. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed July 29, 2013 2:55 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this Qa day of a, , 2013. Elizab udek, tary Agency for Health Care Administration

Other Judicial Opinions 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 of this Final Order was served on the below-named persons by the method designated on this Say Richard Shoop, Ager Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas J. Walsh II Bruce D. Lamb, Esq. Office of the General Counsel Gunster, Yoakley, et al Agency for Health Care Administration 401 Jackson Street, Suite 2400 (Electronic Mail) Tampa, Florida 33602 (U.S. Mail) Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings (Electronic Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs ALTERRA HEALTHCARE CORPORATION, D/B/A ALTERRA STERLING HOUSE OF TEQUESTA II, 04-002039 (2004)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jun. 09, 2004 Number: 04-002039 Latest Update: Jun. 27, 2024
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MARTIN MEMORIAL HOSPITAL ASSOCIATION, INC. vs. LAWNWOOD MEDICAL CENTER AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 83-000010 (1983)
Division of Administrative Hearings, Florida Number: 83-000010 Latest Update: Aug. 26, 1983

Findings Of Fact Prior to convening the final hearing in this cause, the parties stipulated to the following statements of fact and law: Lawnwood's letter of intent is the letter dated June 29, 1982 from Phil Unger to Mr. Tom Konrad. This letter was received by the Department on June 30, 1982. Lawnwood never furnished a copy of its letter of intent to either the local Health Systems Agency (HSA)(known as the Health Planning Council, Inc.) or to the Local Health Council. Lawnwood's application for certificate of need to expand its oncology department by acquiring a second linear accelerator was filed with the Department on August 16, 1982. A copy of this application was not furnished to the Local Health Council. Martin Memorial first received actual notice of Lawnwood's application for certificate of need to acquire a second linear accelerator when its Associate Administrator, R. M. Harman, was contacted by a newspaper reporter on or about October 22, 1982. Martin Memorial's Executive Vice President, Guy Cromwell, was on notice of a certificate of need application by Lawnwood to expand its oncology center when this item was discussed at the July 29, 1982 HSA Board meeting. Martin Memorial first received construc- tive notice of Lawnwood's application for certificate of need when the Department's "Notice of Completeness" was published in the October 15, 1982 edition of the Florida Administrative Weekly. On June 30, 1982, the Health Facilities and Health Services Planning Act required that: "The Department, by rule, shall provide for applications to be submitted on a timetable or cycle basis; provide for application review on a timely basis; and provide for all completed appli- cations pertaining to similar types of services, facilities or equipment affecting the same health service area to be considered in relation to each other no less often than twice a year. At least 30 days prior to filing an appli- cation, a letter of intent shall be submitted by the applicant to the health systems agency and the department respecting the develop- ment of a proposal subject to review." (Emphasis added.) On June 30, 1982 the Department's rules, implementing the above-cited statu- tory provision, provided that: "10-5.08 Certificate of Need Applications [sic] Procedure. In order that applications pertaining to similar types of service, facilities, or equip- ment affecting the same health service area may be considered in relation to each other for purposes of competitive review, letters of intent and applications shall be submitted to the appropriate HSA and the Department pursuant to dates prescribed in application schedules (Attachments 1 through 9) developed under the following conditions: Projects shall be categorized as all hospital related projects; all nursing home projects; all end- stage renal dialysis projects; and all other projects; including but not limited to home health agencies, ambulatory surgical centers, health maintenance organizations, hospices, and intermediate care facilities for the mentally retarded. Hospital projects may be sub- categorized, at the option of each HSA, into no more than four reasonably related groups. Each project category or sub- category shall be reviewed not less than three times per calendar year. Each HSA, at its option, may sub-divide its entire area into smaller, distinct health service areas that have a reasonable relation to the actual use of health and medi- cal services on a geographic basis. If such sub-division is accomplished, each project category or sub-category shall be reviewed not less than two times and not more than three times per calendar year. In cases where a letter of intent was filed within five working days of the letter of intent deadline, a grace period of 10 days from the deadline date for receipt of letters of intent shall be established to provide an opportunity for a competing applicant to file a letter of intent. Effective July 1, 1982, the Health Facili ties and Health Services Planing [sic] Act was amended by Ch. 82-182 (Laws of Florida) to read as follows: "S381.494(5) Notice to the local health council and the department" - The department, by rule, shall pro- vide for applications to be sub- mitted on a timetable or cycle basis, provide for review on a timely basis; and provide for all completed appli- cations pertaining to similar types of services, facilities, or equipment affecting the same health service area to be considered in relation to each other no less often than four times a year. At least 30 days prior to filing an application, a letter of intent shall be submitted by the appli- cant to the local health council and the department respecting the develop- ment of a proposal subject to review. At the time of filing an application with the department the applicant shall send a copy of the application to the local health council." The Department's rule, implementing the amended statutory provision cited above, was adopted effective July 29, 1982 and reads as follows: "In order that applications pertaining to similar types of service, facili- ties, or equipment affecting the same service district may be considered in relation to each other for purposes of competitive review, letters of intent and applications shall be filed with the Department no later than dates prescribed in the following schedule under the following conditions: Month for Types of Projects Application Filed By Application Complete By Final Dept. Action All Hos- pital Projects Jun 15 Aug 15 Nov 15 Mar 15 Aug 15 Oct 15 Jan 15 May 15 Sep Nov Feb Jun All Nur- Jul 15 Sep 15 Oct sing Home Oct 15 Dec 15 Jan Projects Jan 15 Mar 15 Apr Apr 15 Jun 15 Jul All May 15 Jul 15 Aug Other Sep 15 Nov 15 Dec Projects Dec 15 Feb 15 Mar Feb 15 Apr 15 May All other projects includes, but is not limited to, home health agencies, ambulatory surgical centers, health main- tenance organizations, hospices and inter- mediate care facilities for the mentally retarded. At least 30 days prior to filing an application, a letter of intent respecting the development of a proposal must be actually received by the Local Health Council and by the Department. Letters of intent filed with the Department before July 1, 1982, will be accepted for use in conjunction with the foregoing schedule. Letters of intent filed after July 1, 1982, must indicate the batching cycle for which the appli- cant intends to file an application. If an application is not filed during the time period indicated in the letter of intent, the letter of intent will be considered invalid and a new letter of intent must be timely filed before an application may be filed. Because letters of intent give applicants a right of entry into the Certificate of Need process, failure to file a timely letter of intent and to have it actually received by the Department and by the local health council at least 30 days prior to the filing of an application will prevent the Depart- ment from accepting an application. Failure to timely file a letter of intent or to timely file an applica- tion will cause a delay in a Certificate of Need project until the next avail- able review cycle. The Department's acknowledgement of receipt of Lawnwood's letter of intent is the letter dated July 7, 1982 from Herbert E. Straughn to Mr. Philip Unger. . .The Department erroneously furnished a copy of this acknowledgment letter to a Mike Boggs, who was the Executive Director of the Pan handle HSA. The Department intended to furnish this copy of its acknowledgement letter to Mr. Richard Warfield, the Executive Director of the HSA serving Plam [sic] Beach, Martin, St. Lucie, Okeechobee, and Indian River Counties. The Health Planning Council, Inc. (the HSA serving Palm Beach, Martin, St. Lucie, Okee- chobee, and Indian River Counties) did not receive the Department's acknowledgement letter until July 19, 1982 after Mike Boggs of the Panhandle HSA noticed the Department's error and mailed the acknowledgment letter to Mr. Warfield in West Palm Beach. The actual letter of intent was never received by the Health Planning Council, Inc. The Department did not provide public notice, until the publication of its Notice of Completeness in the October 15, 1982 F.A.W., of either the filing of Lawnwood's letter of intent or of Lawnwood's application for certificate of need. Lawnwood's application for certificate of need was considered by the Department in the cycle for "All Hospital Projects" that required that the application be filed by August 15, 1982 and that the application be deemed com- plete by October 15, 1982. In order to be considered in the same batching cycle as Lawnwood's application, an applicant would have had to file a letter of intent on or prior to July 16, 1982, a date which is 30 days prior to the August 15, 1982 deadline for the filing of the application. Mr. Dick Harmon, the Associate Adminis- trator at Martin Memorial, would testify that had Martin Memorial known on/prior to July 16, 1982 that Lawnwood had filed a letter of intent to apply for a certificate of need to acquire a second linear accelerator, Martin Memorial would have filed a letter of intent and an appli- cation for certificate of need in the same batch- ing cycle as Lawnwood's. Martin Memorial and Lawnwood are in the same "health service area", as defined by statute and rule, and if both of these hospitals had filed applications for a certificate of need to acquire a linear accelerator in the same batching cycle, the Department would have re- viewed these two applications on a comparative basis. Martin Memorial filed with the Depart- ment a letter of intent to apply for a Certificate of Need to acquire a linear acceleration [sic] on/about October 28, 1983 [sic] and has further filed an application for same on March 15, 1982 [sic] which was the next available review cycle it could enter upon such filing of its letter of intent. Mr. Guy Cromwell, the Executive Vice- President of Martin Memorial, was a member of the Board of Directors of the Health Planning Council, Inc. (HSA) during June through October of 1982. The local Health Council for HRS service district #9 held its first organizational meeting sometime in September, 1982. This local Health Council occupied, and continues to occupy, the same office space as the Health Planning Council, Inc. (the HSA) and, with the exception of Mr. Richard Warfield, the local Health Council employed all the former staff members of the Health Planning Council, Inc. (the HSA). Applications for certificate of need filed in the August 15, 1982 batching cycle, and deemed complete by the Department on/before October 15, 1982, were not reviewed by the HSA. The Division of Administrative Hearings has jurisdiction of the parties and of the sub- ject matter in this administrative proceeding.

Florida Laws (1) 120.57
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ESMAT ADLY ZAKLAMA vs. BOARD OF MEDICAL EXAMINERS, 83-000441 (1983)
Division of Administrative Hearings, Florida Number: 83-000441 Latest Update: May 10, 1983

Findings Of Fact On July 6, 1982, the Respondent received an application for licensure by endorsement submitted by the Petitioner. By a notice of intent to deny dated January 18, 1983, the Respondent notified the Petitioner that it was denying his application. The Respondent expressly stated in its notice that this denial was because the Petitioner "did not average 75 percent on FLEX weighted average on the licensure examination of the Federation of State Medical Boards of the United States, Inc., as required in Rule 21M-29.01(2) , Florida Administrative Code," and because he "is not certified by the National Board of Medical Examiners as having completed its examination, within ten years immediately preceding the filing of the application for licensure by endorsement, as required by Section 458.313(1)(d), Florida Statutes." Prior to June, 1980 the Federation of State Medical Boards of the United States, Inc., which prepares and administers the FLEX examination, mathematically calculated the final weighted average by a round up method. Thus, a weighted average of 74.50 percent to 74.99 percent was rounded up to 75.0 percent and was deemed to be a passing grade by the Board. Beginning with the June, 1980 examination, the Federation changed its policy. Since then the weighted average is no longer rounded up, but the decimal or fraction is dropped entirely. Scores of 74.99 percent are now rounded down to 74.0 percent. The FLEX scores presented to the Respondent by the Petitioners produce a FLEX weighted average of 74.6 percent. Because scores have been rounded down since June, 1980 the Petitioner's 74.6 percent score was treated as 74.0 percent, and the Petitioner was found not to meet the 75.0 percent requirement. Although the Petitioner testified that he knew of one other individual with similar scores who was licensed by the Respondent, he produced no corroborative evidence to support this self-serving assertion, and he introduced no evidence to show why, in view of the FLEX requirement of 75.0 percent, he is entitled to licensure.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application for licensure by endorsement filed by the Petitioner, Esmat Adly Zaklama, M.D., be DENIED. DONE and RECOMMENDED this 10th day of May, 1983, in Tallahassee, Florida. COPIES FURNISHED: Esmat Adly Zaklama, M.D. 7 Hegeman Avenue No. 7-H Brooklyn, New York 11212 WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of May, 1983. John E. Griffin, Esquire Assistant Attorney General The Capitol, Suite 1601 Tallahassee, Florida 32301 Dorothy Faircloth, Executive Director Board of Medical Examiners 130 North Monroe Street Tallahassee, Florida 32301 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301

Florida Laws (2) 120.57,  458.313
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AGENCY FOR HEALTH CARE ADMINISTRATION vs SOVEREIGN HEALTHCARE OF ORLANDO, LLC, D/B/A HUNTER'S CREEK NURSING HOME AND REHAB CENTER, 12-001139 (2012)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Mar. 28, 2012 Number: 12-001139 Latest Update: May 23, 2012

Conclusions 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 IJ, 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $2,500.00 in administrative fines. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 1 Filed May 23, 2012 1:53 PM Division of Administrative Hearings 3. Conditional licensure is hereby imposed commencing November 5, 2011 and ending December 5, 2011. ORDERED at Tallahassee, Florida, on this AA day of ZL Ee 2 f. , 2012. , Secretary Agency for Health Care Administration

Other Judicial Opinions 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 correct copyof this Final Order was served on the below-named persons by the method designated on this Wey of (ley , 2012. as > Richard Shoop, Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills . Finance & Accounting ~] Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas J. Walsh II Jonathan S. Grout, Esq. Office of the General Counsel Grout & Goldsmith Agency for Health Care Administration P.O. Box 2011 (Electronic Mail) Winter Park, Florida 32709-2012 (U.S. Mail) _ J.D. Parrish Administrative Law Judge Division of Administrative Hearings | (Electronic Mail)

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AGENCY FOR HEALTH CARE ADMINISTRATION vs MARIA Z. HERNANDEZ, 11-005836 (2011)
Division of Administrative Hearings, Florida Filed:Miami, Florida Nov. 16, 2011 Number: 11-005836 Latest Update: Feb. 20, 2012

Conclusions 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. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $4,700.00 in administrative fines within one (1) year of the entry of the Final Order. The Respondent agrees never to seek licensure for any facility type regulated by the Agency. If the Respondent violates any of the Agency licensure laws in the future, the Respondent will be required to pay the Agency three (3) times the remainder due from the original fine (minus any amount paid on the $4,700.00), plus any new fines sought against the Respondent. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 1 Filed February 20, 2012 3:53 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this ( e day of felacu = aa , 2012. Cs S aap Sécretahy Agency for Health Care Administration

Other Judicial Opinions 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 correct copy of this Final Order was served on the below-named persons by the method designated on this 4 7 ny of TZ. a » 2012.

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