14-001617 Agency For Health Care Administration vs. Bay Medical Center Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, July 28, 2014.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2015 FF' I " 1, n 3: 33

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

V. AHCA No. 2013012680

BAY MEDICAL CENTER SACRED HEART,

Respondent.

FINAL ORDER

Having reviewed the Notice of Intent to Impose Fine, and all other matters of record, the Agency

for Health Care Administration finds and concludes as follows:

1. The Agency issued the Respondent the attached Notice of Intent to Impose Fine, cover

letter and Election of Rights form. ( Ex. 1) The Election of Rights form advised of the right to an

administrative hearing pursuant to Sections 120. 57( 1) and 120. 57( 2), Florida Statutes. The Respondent

received the Notice of Intent, cover letter and Election of Rights form on August 13, 2014. ( Ex. 2) The

Respondent failed to timely file the Election of Rights form or other response with the Agency Clerk.

2. By failing to timely respond, the Respondent waived the right to a hearing and waived the

right to contest the allegations within the Notice of Intent. Cann v. Department of Children and Family

Services, 813 So. 2d 237 ( Fla. 2d DCA 2002). The findings of fact, conclusions of law and proposed

sanction set forth within the Notice of Intent are adopted and incorporated by reference.

Based upon the foregoing, it is ORDERED:

3. An administrative fine of $ 75, 259. 00 is imposed on the Respondent. If full payment has

already been made, the cancelled check is your receipt 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 payable to the " Agency for

Health Care Administration" and containing the AHCA 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 at Tallahassee, Florida, on this __i_k_ day of , 2015.

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 Order was served on the below-named

persons by the method designated on of pr'-- / , 2015.

Richard Shoop, Agency Clerk:

Agency for Health Care Administration

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

Tallahassee, Florida 32308-5403

Telephone: [phone]

Barry Keel Mills Smith, Supervisor

Chief Executive Officer Finance Analysis

Bay Medical Center Sacred Heart Agency for Health Care Administration

615 North Bonita Avenue (Electronic Mail)

Panama City, FL 32401

(U.S. Mail)

Facilities Intake Unit Finance & Accounting

Agency for Health Care Administration Revenue Management Unit

(Electronic Mail) (Electronic Mail)