09-006045MPI Agency For Health Care Administration vs. Kenetra Johnson As Representative Of Rose Garden Enterprises, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, December 7, 2009.

a A L

EM

STATE OF FLORIDA AE1 A C NCA

AGENCY FOR HEALTH CARE ADMINISTRATION CLERK

2010 JUL 20 A 130

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Petitioner AUDIT NO C I 10 9721 000

V

KENETRA JOHNSON as representative

of ROSE GARDEN ENTERPRISES INC

Respondent

FINAL ORDER

THIS CAUSE concerns a Petition for Formal Hearing Petition that the Respondent

filed on October 15 2009

On November 3 2009 the Agency Clerk referred the Petition to the Division of

Administrative Hearings DOAH for further proceedings

On December 7 2009 the administrative law judge assigned to the case entered an Order

Closing File based on the parties representation that they had settled the matter

On May 25 2010 counsel for Petitioner filed a Motion for Order to Show Cause

Motion stating that the Respondent had paid the fine that was at issue in the matter but had

not communicated with counsel for Petitioner regarding a resolution of the matter

On June 2 2010 the Agency Clerk entered an Order granting the Petitioner s Motion and

giving the Respondent ten days in which to show cause why the matter should not be dismissed

by final order based on the Respondent s apparent abandonment of its right to a hearing

i

On June 14 2010 the Respondent filed a Notice of Voluntary Dismissal voluntarily

dismissing its Petition

Based upon the foregoing

IT IS THEREFORE ORDERED AND ADJUDGED THAT

The Petition is dismissed and the Agency s September 16 2009 letter imposing a 1 000

fine on the Respondent is hereby upheld The Respondent has paid the fine and this matter is

now closed

DONE and ORDERED this 15 day of Z k k ell 2010 in Tallahassee

Florida

d

THOMAS W ARNOLD Secr tary

AGENCY FOR 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 THE ORIGINAL

NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA AND A COPY ALONG

WITH THE FILING FEE 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 PROCEEDINGS SHALL BE

CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES THE

NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE

ORDER TO BE REVIEWED

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

furnished by S U or interoffice mail to the persons named below on this I day of

2010

RI HARD SHOOP Agency C

Agency f Health Care Administration

2727 Mahan Drive MS 3

Tallahassee Florida 32308

850 3630 412

COPIES FURNISHED TO

Honorable Suzanne F Hood

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee Florida 32399 3060

Tracie L Hardin Esquire

Assistant General Counsel

Agency for Health Care Administration

2727 Mahan Drive MS 3

Tallahassee Florida 32308

Robert W Bauer Esquire

Law Offices of Robert W Bauer P A

2815 Northwest 13th Street Suite 200E

Gainesville Florida 32609

Medicaid Program Integrity

Agency for Health Care Administration

2727 Mahan Drive MS 4

Tallahassee Florida 32308

Henry Evans

Finance Accounting