14-000432 Agency For Health Care Administration vs. Sa-Enc Fort Myers, Llc, D/B/A Citrus Gardens Of Fort Myers Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 13, 2014.

STATE STATE STATE OF OF OF FLORIDA FLORIDA FLORIDA

AGENCY AGENCY AGENCY FOR FOR FOR HEALTH HEALTH HEALTH CARE CARE CARE ADMINISTRATION ADMINISTRATION ADMINISTRATION

STATE STATE STATE OF OF OF FLORIDA, FLORIDA, FLORIDA, AGENCY AGENCY AGENCY FOR FOR FOR

HEALTH HEALTH HEALTH CARE CARE CARE ADMINISTRATION, ADMINISTRATION, ADMINISTRATION, 2014 2Di4 2Di4 ti~. HPJ HPJ y 15 15 15D A t\\ t\\ Cj: Cj: S~ SS SS

Petitioner, Petitioner, Petitioner, DOAH DOAH DOAH NO. NO. NO. 14-432 14-432 14- 432

V. v. v. AHCA AHCA AHCA NO. NO. NO. 2013007905 2013007905 2013007905

RENDITION RENDITION RENDITION NO.: NO.: NO.: AHCA- AHCA- AHCA- lif lif JLf - - (iN (iN 1 1 S- -S-OLC -S-OLC OLC

SA- SA-ENC SA-ENC ENC FORT FORT FORT MYERS, MYERS, MYERS, LLC LLC LLC d/b/ a d/bla d/bla

CITRUS CITRUS CITRUS GARDENS GARDENS GARDENS OF OF OF FORT FORT FORT MYERS, MYERS, MYERS,

Respondent. Respondent. Respondent.

___________________ ___________________ 1 1

FINAL FINAL FINAL ORDER ORDER ORDER

Having Having Having reviewed reviewed reviewed the the the Administrative Administrative Administrative Complaint, Complaint, Complaint, and and and all all all other other other matters matters matters of of of record, record, record, the the the Agency Agency Agency for for for

Health Health Health Care Care Care Administration Administration Administration finds finds finds and and and concludes concludes concludes as as as follows: follows: follows:

1. 1. 1. The The The Agency Agency Agency has has has jurisdiction jurisdiction jurisdiction over over over the the the above- above-named above-named named Respondent Respondent Respondent pursuant pursuant pursuant to to to Chapter Chapter Chapter 408, 408, 408,

Part Part Part II, II, II, Florida Florida Florida Statutes, Statutes, Statutes, and and and the the the applicable applicable applicable authorizing authorizing authorizing statutes statutes statutes and and and administrative administrative administrative code code code provisions. provisions. provisions.

2. 2. 2. The The The Agency Agency Agency issued issued issued the the the attached attached attached Administrative Administrative Administrative Complaint Complaint Complaint and and and Election Election Election of of of Rights Rights Rights form form form to to to

the the the Respondent. ( Respondent. Respondent. Ex. (Ex. (Ex. 1) 1) 1) The The The Election Election Election of of of Rights Rights Rights form form form advised advised advised of of of the the the right right right to to to an an an administrative administrative administrative hearing. hearing. hearing.

3. 3. 3. The The The parties parties parties havesince have have since since entered entered entered into into into the the the attached attached attached Settlement Settlement Settlement Agreement. ( Agreement. Agreement. Ex. (Ex. (Ex. 2) 2) 2)

Based Based Based upon upon upon the the the foregoing, foregoing, foregoing, it it it is is is ORDERED: ORDERED: ORDERED:

1. 1. 1. The The The Settlement Settlement Settlement Agreement Agreement Agreement is is is adopted adopted adopted and and and incorporatedby incorporated incorporated by by reference reference reference into into into this this this Final Final Final Order. Order. Order.

The The The parties parties parties shall shall shall comply comply comply with with with the the the terms terms terms of of of the the the Settlement Settlement Settlement Agreement. Agreement. Agreement.

2. 2. 2. The The The Respondent Respondent Respondent shall shall shall pay pay pay the the the Agency $ Agency Agency 20, $20,000 $20,000 000 in in in administrative administrative administrative fines fines fines and and and a $ a a 6, $6,000 $6,000 000

survey survey survey fee. fee. fee. If If If full full full payment payment payment has has has been been been made, made, made, the the the cancelled cancelled cancelled check check check acts acts acts as as as receipt receipt receipt of of of payment payment payment and and and no no no further further further

payment payment payment is is is required. required. required. If If If full full full payment payment payment has has has not not not been been been made, made, made, payment payment payment is is is due due due in in in accord accord accord with with with the the the law. law. law.

Overdue Overdue Overdue amounts amounts amounts are are are subject subject subject to to to statutory statutory statutory interest interest interest and and and may may may be be be referred referred referred to to to collections. collections. collections. A A A check check check made made made

payable payable payable to to to the " the the Agency "Agency "Agency for for for Health Health Health Care Care Care Administration" Administration" Administration" and and and containing containing containing the the the AHCA AHCA AHCA ten- ten-digit ten-digit digit case case case

number number number should should should be be be sent sent sent to: to: to:

Office Office Office of of of Finance Finance Finance and and and Accounting Accounting Accounting

Revenue Revenue Revenue Management Management Management Unit Unit Unit

Agency Agency Agency for for for Health Health Health Care Care Care Administration Administration Administration

2727 2727 2727 Mahan Mahan Mahan Drive, Drive, Drive, MS MS MS 14 14 14

Tallahassee, Tallahassee, Tallahassee, Florida Florida Florida 32308 32308 32308

3. 3. 3. Conditional Conditional Conditional licensure licensure licensure status status status is is is imposed imposed imposed upon upon upon Respondent Respondent Respondent commencing commencing commencing July July July 17,2013 17,2013 17, 2013 and and and

ending ending ending October October October 23, 23, 23, 2013. 2013. 2013.

1 1 1

ORDERED at Tallahassee, Florida, on this of I1t- a; L( ,2014.

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 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 Final 0 er was served on the below-named

persons by the method designated on this _. Q , 2014.

Richard Shoop, gency Cler

Agency for Health Care Administration

2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: [phone]

Jan Mills Finance & Accounting

Facilities Intake Unit Revenue Management Unit

(Electronic Mail) (Electronic Mail)

Andrea M. Lang, Esq. Margaret A. Chamberlain, Esq.

Office of the General Counsel Kitch Drutchas Wagner Valitutti & Sherbrook

Agency for Health Care Administration 2379 Woodlake Drive, Suite 400

(Electronic Mail) Okemos, Michigan 48864-6032

(U.S. Mail)

Lynne A. Quimby-Pennock

Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)