13-004477 Agency For Health Care Administration vs. Pecan Tree Holdings, Llc, D/B/A Plantation Oaks Senior Living Residence Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 18, 2014.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION 2 D i 4 ::0 V I 2 P 3: 3 2

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, CASE NO.: 14-212PH

DOAH CASE NO. 13-4477

vs. AHCA CASE NOS. 2013000614 2013005301

PECAN TREE HOLDINGS, LLC NO.: AlitA· \- • oqQJ.

D/B/A PLANTATION OAKS SENIOR

LIVING RESIDENCE,

Respondent.

----------------,/

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, AHCA CASE NO. 2014005773

vs.

PECAN TREE HOLDINGS, LLC. d/b/a

PLANTATION OAKS SENIOR LIVING

RESIDENCE,

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 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 Complaints and Election of Rights forms

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)

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Filed November 13, 2014 3:03 PM 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. The Respondent shall relinquish

the Limited Nursing License, and the Agency will issue a Standard license. The Respondent shall retain

the services of a consultant; a full-time registered nurse to administer the day-to-day medication

management program; and a licensed pharmacist as set forth in Paragraph 4(d), (e) and (f) of the

Settlement Agreement.

2. The Respondent shall pay the Agency $16,000.00. 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

ORDERED in Tallahassee, Florida, on this R day of go ,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.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy oft Final Order was served gn t®.-below-

named persons/entities by the method designated on this ,

2014.

Richard J. Shoop, Agency rk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone [phone]

Barbara J. Staros Thomas J. Walsh II, Esquire

Administrative Law Judge Informal Hearing Officer

Division of Administrative Hearings Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

John F. Gilroy, III, Esquire Teresita A. Viv6

Counsel for Pecan Tree Holdings, LLC Assistant General Counsel

d/b/a Plantation Oaks Senior Living Residence Office of the General Counsel

1695 Metropolitan Circle, Suite 2 Agency for Health Care Administration

Tallahassee, Florida 32308-8722 (Electronic Mail)

(U.S. Mail)

Jan Mills Kris Mennella, Field Office Manager

Facilities Intake Unit Local Field Office

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Finance and Accounting Catherine Ann Avery, Unit Manager

Revenue Management Unit AssistedLiving Facility Unit

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

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