Conclusions The Agency served the Petitioner with a Notice of Intent to Impose Late Fine dated March 24, 2009 notifying the Petition of its intent to impose an administrative fine in the amount of five thousand dollars ($5,000.00), attached hereto and incorporated herein (Ex. 1). Petitioner requested a formal hearing at the Department of Administrative Hearings. The Agency also served the Petitioner with a Notice of Intent to Deny dated May 15, 2009, notifying the Petitioner of its intent to deny its renewal application, a tached hereto and incorporated herein (Ex. 2). The Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 3) with the other party to these proceedings and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. The Notice of Intent to Impose Late Fine and Notice of Intent to Deny are superseded by this agreement. Filed July 2, 2009 3:19 PM Division of Administrative Hearings. Petitioner has paid an administrative fee in the amount of $2,000.00. Each party shall bear its own costs and attorney's fees. 9Ld..l. _ The above-styled cases are hereby closed. DONE and ORDERED this .;:l,?t:f.y of Leon County, Florida. , 2009, in Tallahassee, Holly enson, Secretar Agency for Health Care Administration 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. Copies furnished to: Tatiana Perez, Owner Lourdes Residence, Inc. 5770 SW 5th Terrace Miami, Florida 33144 (U.S. Mail) MaryAlice H. David Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Finance & Accounting Agency for Health Care Administration Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail) Bernard E. Hudson Agency for Health Care Administration 2327 Mahan Drive, MS #46 Room #310 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this theZ y y of 2009. fAgielnccy fhor HSealthhCa=re A=dministration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") regarding Certificate of Need ("CON") Application No. 10174 which was filed by Vitas Healthcare Corporation of Florida (“VITAS”) in the Second Batching Cycle of 2012. This matter concerned the establishment of an eight-bed freestanding inpatient hospice facility in Service District 9C, Palm Beach County. The Agency issued the State Agency Action Report preliminarily denied CON 10174. VITAS filed a Petition for Formal Administrative Proceeding challenging the Agency’s denial of CON 10174 which the Agency Clerk forwarded to the Division of Administrative Hearings (“DOAH”) and assigned DOAH Case No. 13-0834CON. On March 15, 2013, Hospice Of Palm Beach County, Inc. (“HPBC”) filed a Petition to Intervene. On March 22, 2013, DOAH entered an Order the Petition to Intervene. On April 25, 2013, HPBC filed a Notice of Dismissal. On May 13, 2013, VITAS filed a Joint Motion to Relinquish Jurisdiction. On May 13, 2013, DOAH entered an Order Closing File and Relinquishing Jurisdiction. Filed May 28, 2013 12:36 PM Division of Administrative Hearings Prior to Final Hearing, the Agency and VITAS entered into a settlement in the matter (“Exhibit A”). IT IS THEREFORE ORDERED AND ADJUDGED THAT: 1. The Settlement Agreement attached as Exhibit A is hereby adopted and the parties are hereby directed to comply with the terms and conditions of that Agreement. 2. The Agency shall approve and issue CON 10174 with the conditions as set forth within the Settlement Agreement. 3. Each party shall be solely responsible for its respective costs and attorney’s fees. 4. The above-styled case is hereby closed. DONE and ORDERED this.2S day of LULL , 2013, in Tallahassee, Florida. Elizabeth Dudxk, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION
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 $5,000.00. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed June 28, 2013 3:38 PM Division of Administrative Hearings 3. Conditional licensure status is imposed on the Respondent beginning on January 17, 2013, and ending February 17, 2013. ORDERED at Tallahassee, Florida, on this 2+ day of Tene , 2013. Elizabe ae oo Agencyfor Health'Zare 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 comect apy ors Final Order_was served on the below-named persons by the method designated on this2e> ay of Jane , 2013. p-AGE 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 Rick E. Harris, Esq. Office of the General Counsel Starnes Davis Florie LLP Agency for Health Care Administration 100 Brookwood Place — 7" Floor (Electronic Mail) Birmingham, Alabama 35209 (U.S. Mail)
Conclusions Having reviewed the Notice of Intent to Deny, the Amended 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 provider (hereinafter “the Respondent”) pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Amended Administrative Complaint and Election of Rights from on the Respondent. (Ex. 1) The Agency later issued the attached Notice of Intent to Deny and Election of Rights form on the Respondent. (Ex. 2) The Election of Rights forms advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 3) Filed November 21, 2011 9:10 AM Division of Administrative Hearings 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 Notice of Intent to Deny is WITHDRAWN. 3. The Respondent shall pay the Agency a total of Fifty-Six Thousand and No/100 ($56,000.00) Dollars in administrative fines and assessments, Twenty-Six Thousand and No/100 ($26,000.00) Dollars of which shall be in full and final satisfaction of any and all reimbursements owed for any potential or alleged Medicaid overpayments (and shall be associated with CI No. 12-0957-000 for purposes of internal Agency allocation) during the Respondent’s period of non-compliance. 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 ORDERED at Tallahassee, Florida, on this IS day of No YewSer— , 2011. 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. Page 2 of 3 CERTIFICATE OF SERVICE I CERTIFY that a true and correct cgpy of this Final Order was served on the below-named “Se day of Nbitw br , 2011. persons by the method designated on this Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas F. Asbury, Esq. Brian J. Lynch, Administrator Office of the General Counsel The Brookshire Agency for Health Care Administration 85 Bulldog Blvd. (Electronic Mail) Melbourne, Florida 32901 (U.S. Mail) 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 Shaddrick Haston, Unit Manager Assisted Living Unit Agency for Health Care Administration (Electronic Mail) Anna G. Small, Counsel for Respondent LaVie Care Centers 10210 Highland Manor Dr., Suite 250 Tampa, FL 33610 (U.S. Mail) Horace Dozier, Field Office Manager Medicaid Program Integrity Agency for Health Care Administration (Electronic Mail) Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings (Electronic Mail) Page 3 of 3
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 $1,000.00. 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: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 3. The claim for license revocation is withdrawn. 1 Filed February 25, 2013 1:53 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this 2s day of feee ah eo , 2013.
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 was served on the below-named persons by the method designated on this 2¢ ry of fo Aa » 2013. ) Richard Shoop, Agency Cterk 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) Nelson E. Rodney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) Nory Nodarse Nory’s Home Services 12966 S.W. 133 Court, Suite A Miami, Florida 33186 (U.S. Mail) Claude B. Arrington Administrative Law Judge [Division of Administrative Hearings] (Electronic Mail ) Christopher A. Parrella, J.D., CHC, CPC The Health Law Offices of Anthony C. Vitale, 2333 Brickell Avenue, Suite A-1 Miami, Florida 33129
