Conclusions THIS CAUSE came on for consideration before the Agency for Health Care Administration (“the Agency’’), which finds and concludes as follows: 1. The Agency issued the Petitioner (“the Applicant”) the attached Second Amended Notice of Intent to Deny (Ex. 1). Case No. 2013008639. In addition, the Agency has an open case number 2013011466 for an administrative fine in the sum of $500.00. The parties entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference. 2. The parties shall comply with the terms of the Settlement Agreement. 3. The Second Amended Notice of Intent to Deny is withdrawn. 4. The Applicant shall pay the Agency ten thousand dollars ($10,000.00) by March 2, 2015, with the license being surrendered if the payment is late or missed. Payment made on March 3, 2015 or thereafter, shall be deemed late or missed. A check made payable to the “Agency for Health Care Administration” containing the AHCA number(s) should be sent to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS# 14 Tallahassee, Florida 32308 5. The Agency will issue a standard license for the facility effective upon the completed execution of this Settlement Agreement. Unless surrendered, the license will be valid until the survey cycle of May, 2015. The Agency will conduct the facility’s biennial survey before the expiration of the May 2015 license and within the Agency’s timeframes as defined by protocol. The Agency will then complete annual surveys of the facility from that date through the next survey cycle expiration in May, Filed October 16, 2014 3:45 PM Division of Adminlstrative Hearings 2017. If there are any Class 1, Class 2 or uncorrected 3 or 4 deficiencies during any survey cycle, or before May, 2017, the facility agrees to relinquish its license. If there are any complaints which result in a Class 1, Class 2 or uncorrected 3 or 4 deficiencies during this time frame, the facility agrees to relinquish its license. 6. Any requests for an administrative hearing are withdrawn. The parties shall bear their own costs and attorney’s fees. This matter is closed. ORDERED in Tallahassee, Florida, on this Lraay of S—pteba , 2014. 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 correct copy of this>Final Order oe below- named persons/entities by the method designated on this lay of , 2014. Richard Shoop, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone (850) 412-3630 Jan Mills Catherine Anne Avery, Unit Manager Facilities Intake Unit Licensure Unit Agency for Health Care Administration Agency for Health Care Administration (Electronic Mail) (Electronic Mail) Finance and Accounting Revenue Management Unit Agency for Health Care Administration (Electronic Mail) Harold Williams, Field Office Manager Local Field Office Agency for Health Care Administration (Electronic Mail) Deborah E. Leoci, Senior Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) Jay Adams, Attorney for Petitioner Broad and Cassel 215 South Monroe Street, Suite 400 Tallahassee, Florida 32302 (U.S. Mail)
The Issue The issue for disposition is whether Petitioner's application for a certificate of need (CON) was properly rejected by Respondent for failure to file the application by the deadline established in rules 59C-1.008(k)1. and 2. and 59C-1.008(4), F.A.C. The parties have stipulated that if the rules are determined valid in the companion case, 93-7094RX, the agency was authorized to reject the application.
Findings Of Fact Manatee Hospitals and Health Systems, Inc. d/b/a Manatee Memorial Hospital (Manatee) is a nonprofit corporation which operates a short-term general acute care hospital in Manatee County, Florida. On November 1, 1993, Manatee timely and properly submitted a letter of intent to the Agency for Health Care Administration (Agency) seeking authority to convert up to 11 substance abuse beds and/or up to 28 acute care beds to 28 skilled nursing beds for review in the Nursing Home Batch Cycle, 2nd Cycle, 1993. On December 1, 1993, Manatee submitted a CON application to the agency seeking authority to convert up to 11 adult substance abuse beds and/or up to 28 acute care beds to 28 skilled nursing beds for review in the nursing home batch cycle, 2nd cycle, 1993. The application included the appropriate filing fee. Manatee failed to submit a copy of its CON application to the local health council by 5:00 p.m. on the application due date of December 1, 1993. Instead, the application was submitted to the local health council on December 2, 1993. By correspondence from Liz Dudek, Chief, Certificate of Need and Budget Review Section, dated December 7, 1993, the agency advised Manatee that its CON application was not accepted and was being returned to Manatee because Manatee failed to submit a copy of its application to the health council by 5:00 p.m. on the application due date of December 1, 1993, as required by rules 59C- 1.008(1)(k)1., and 2., and 59C-1.008(4), F.A.C.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That Petitioner's request that the agency accept its application for comparative review in the Nursing Home Cycle, 2nd cycle be DENIED. DONE AND RECOMMENDED this 21st day of February, 1994, in Tallahassee, Leon County, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of February, 1994. COPIES FURNISHED: John M. Knight, Esquire The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 J. Robert Griffin, Esquire Agency for Health Care Administration The Atrium, Suite 301 325 John Knox Road Tallahassee, Florida 32303 Robert L. Powell, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Kim Tucker, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
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 Administrative Complaint is withdrawn. ORDERED at Tallahassee, Florida, on this 21 day of Oe bu 2013. en ~N Elizabe udek, Seg an Agency for Health Care 1 Filed October 31, 2013 3:15 PM Division of Administrative Hearings
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 corre: of this Final Order was served on the below-named persons by the method designated on this Pty of Z eobne fT , 2013. Pp Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Arlene Sanchez, Administrator Facilities Intake Unit Royal Gardens Villa (Electronic Mail) 1270 Northeast 112" Street Miami, Florida 33161 | Nelson E. Rodney Robert E. Meale Office of the General Counsel Administrative Law Judge Agency for Health Care Administration Division of Administrative Hearings (Electronic Mail) (Electronic Mai!)
