14-000528 Agency For Health Care Administration vs. Senior Care Group, Inc., D/B/A Lakeshore Villas Health Care Center
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 21, 2014.


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1Fit D

3STATE OF FLORIDA AGENCY CLERK

8AGENCY FOR HEALTH CARE ADMINISTRATION

132014 HAR 3\\ P-, II: 22

19SENIOR CARE GROUP, INC, d/b/a

24LAKESHORE VILLAS HEALTH

27CARE CENTER,

29Petitioner,

30vs. Case No. 13-395PH

34AHCA No. 2013005471

37STATE OF FLORIDA AGENCY FOR RENDITION NO.: AHCA- /4 - Dl15 -S-OLC

49HEALTH CARE ADMINISTRATION,

52Respondent.

53--------------_..-!/

54STATE OF FLORIDA, AGENCY FOR

59HEALTH CARE ADMINISTRATION,

62Petitioner,

63vs. ACHA No. 2013006461

67SENIOR CARE GROUP, INC. d/b/a

72LAKESHORE VILLAS HEALTH

75CARE CENTER,

77Respondent.

78______________ -e/

80STATE OF FLORIDA, AGENCY FOR

85HEALTH CARE ADMINISTRATION,

88Petitioner,

89vs. ACHA No. 2013006462

93SENIOR CARE GROUP, INC. d/b/a

98LAKESHORE VILLAS HEALTH

101CARE CENTER,

103Respondent.

104--------------_/

105STATE OF FLORIDA, AGENCY FOR

110HEALTH CARE ADMINISTRATION,

113Petitioner, DOAH No. 14-248

117vs. ACHA No. 2013006534

121SENIOR CARE GROUP, INC. d/b/a

126LAKESHORE VILLAS HEALTH

129CARE CENTER,

131Respondent.

132----------------,/

134STATE OF FLORIDA, AGENCY FOR

139HEAL TH CARE ADMINISTRATION,

143Petitioner, DOAH No. 14-528

147vs. ACHA No. 2013007612

151SENIOR CARE GROUP, INC. d/b/a

156LAKESHORE VILLAS HEALTH

159CARE CENTER,

161Respondent.

162---------------_/

163STATE OF FLORIDA, AGENCY FOR

168HEALTH CARE ADMINISTRATION,

171Petitioner, DOAH No. 14-521

175vs. ACHA No. 2013010196

179SENIOR CARE GROUP, INC. d/b/a

184LAKESHORE VILLAS HEALTH

187CARE CENTER,

189Respondent.

190---------------_/

191FINAL ORDER

193Having reviewed the Administrative Complaints and Notices of Intent to Deny, and all other

207matters of record, the Agency for Health Care Administration finds and concludes as follows:

2211. The Agency has jurisdiction over Senior Care Group, Inc. d/b/a Lakeshore Villas Health

235Care Center pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes

250and administrative code provisions.

2542. The Agency issued the attached Administrative Complaints and Notices of Intent to Deny

268and Election of Rights forms to Senior Care Group, Inc. d/b/a Lakeshore Villas Health Care Center.

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

2993. The parties have since entered into the attached Settlement Agreement. (Ex. 2)

312Based upon the foregoing, it is ORDERED:

3191. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

333The parties shall comply with the terms of the Settlement Agreement.

3442. The Notice of Intent to Deny is superseded by this Agreement.

3563. Senior Care Group, Inc. d/b/a Lakeshore Villas Health Care Center shall pay the Agency

371$25,500.00. If full payment has been made, the cancelled check acts as receipt of payment and no

389further payment is required. If full payment has not been made, payment is due within 30 days of the

408Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A

424check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit

439case number should be sent to:

445Office of Finance and Accounting

450Revenue Management Unit

453Agency for Health Care Administration

4582727 Mahan Drive, MS 14

463Tallahassee, Florida 32308

4664. Conditional licensure status is imposed on Senior Care Group, Inc. d/b/a Lakeshore

479Villas Health Care Center beginning on April 12, 2013.

488ORDERED at Tallahassee, Florida, on this 2.J day of 1'1 01 ('4... ,2014.

501NOTICE OF RIGHT TO JUDICIAL REVIEW

507A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

525instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

545along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

563where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

579conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

596days of rendition of the order to be reviewed.

605CERTIFICATE OF SERVICE

608I CERTIFY that true and co.rrect.£912Y of this Final served on the below-named

621persons by the method designated on this of 4: . ,2014.

632Richard Shoop, Agency Clerk

636Agency for Health Care Administration

6412727 Mahan Drive, Bldg. #3, Mail Stop #3

649Tallahassee, Florida 32308-5403

652Telephone: (850) 412-3630

655Jan Mills Finance & Accounting

660Facilities Intake Unit Revenue Management Unit

666(Electronic Mail) (Electronic Mail)

670Thomas J. Walsh II Anna G. Small, Esq.

678Office of the General Counsel Allen Dell, P.A.

686Agency for Health Care Administration 202 South Rome Avenue

695(Electronic Mail) Tampa, Florida 33606

700(U.S. Mail)

702Linzie F. Bogan Lynne A. Quimby-Pennock

708Administrative Law Judge Administrative Law Judge

714Division of Administrative Hearings Division of Administrative Hearings

722(Electronic Mail) (Electronic Mail)

726Certified Article Number

729719b 9008 9111 6922 9925

734SENDERS RECORD

736Fl.ORIDA AGENCY FOR HEAlTH CARE ADMiNiSTRATION

742RICK SCOTT Better Health Care for all Floridians ELIZABETH DUDEK

752GOVERNOR SECRETARY

754May 22, 2013

757HEALTH CARE UNiTLICENSE NUMBER: 1282096

76216002 LAKESHORE VILLA DR FILE NUMBER: 62921

769TAMPA, FL 33613 MAY 2: 3 2013 CASE #: 2013005471

779Dear Ms. Johnson:

782It is the decision of this Agency that Lakeshore Villas Health Care Center's license renewal application

798for a nursing home be DENIED.

804Thespecific basis for the Agency's decision is based on the following grounds:

816• Pursuant to section 400.121(3)(d), F.S., the Agency shall revoke or deny a nursing home license for two

834class I deficiencies arising from separate surveys within a 30 month period. Lakeshore Villas Health Care

850Center was cited for Class I deficiencies on October 13,2011 and November 14,2012.

865• Section 408.815(1), F.S., states that in addition to the grounds provided in authorizing statutes, grounds that

882may be used by the agency for denying and revoking a license or change of ownership application include

900any of the following actions by a controlling interest: (a) a violation of this part, authorizing statutes, or

918applicable rules; and (d) a demonstrated pattern of deficient performance.

928EXPLANATION OF RIGHTS

931Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal

951proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an

966administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code

979(F.A.C), and must state the material facts you dispute.

988SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.

996cc: Agency Clerk, Mail Stop 3

1002EXHIBIT 1

10042727 Mahan Drive,MS#33 Visit AHCA online at

1012Tallahassee, Florida 32308 ahca. myflori da. com

1019RICK SCOTT flORIDA AGENCY FOR HEALTH CARE AD,'v1INISTRATION

1028ELIZABETH DUDEK

1030GOVERNOR SECRETARY

1032July 8, 2013 RECEIVED

1036GENERAL COUNSEL

1038LAKESHORE VilLAS HEALTH CARE CENTER JUl 12 2013

104616002 LAKESHORE VILLA DR

1050TAMPA, FL 33613 Care Agency Administration for Health

1058Dear Administrator:

1060The attached license with Certificate #18248 is being issued for the operation of your facility.

1075Please review it thoroughly to ensure that all information is correct and consistent with your

1090records. If errors or omissions are noted, please make corrections on a copy and mail to:

1106Agency for Health Care Administration

1111Long Term Care Section, Mail Stop #33

11182727 Mahan Drive, Building 3

1123Tallahassee, Florida 32308

1126Issued for status change to Conditional.

1132Sincerely,

1133g 'taCetf ftvt

1136Kathy Munn

1138Agency for Health Care Administration

1143Division of Health Qu.ality Assurance

1148Enclosure

1149cc: Medicaid Contract Management

11532727 Mahan Drive, MS#33 Visit AHCA online at

1161Tallahassee, Florida 32308 ahca. myflorida.com

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 04/16/2014
Proceedings: Settlement Agreement filed.
PDF:
Date: 04/16/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 03/31/2014
Proceedings: Agency Final Order
PDF:
Date: 02/21/2014
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 02/20/2014
Proceedings: (Petitioner's) Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/11/2014
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/10/2014
Proceedings: Motion to Extend Time for Response or Place Action in Abeyance filed.
PDF:
Date: 02/04/2014
Proceedings: Initial Order.
PDF:
Date: 02/03/2014
Proceedings: Notice of Appearance (Anna Small).
PDF:
Date: 02/03/2014
Proceedings: Administrative Complaint filed.
PDF:
Date: 02/03/2014
Proceedings: Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 02/03/2014
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
LYNNE A. QUIMBY-PENNOCK
Date Filed:
02/03/2014
Date Assignment:
02/03/2014
Last Docket Entry:
04/16/2014
Location:
Tampa, Florida
District:
Middle
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (4):

Related Florida Rule(s) (1):